Ark. Code Ann. § 8-7-504 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-504
Penalties
Status: in_force

(a) (1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment. (2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense. (b) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to: (1) A civil penalty in such amount as the Director of the Division of Environmental Quality shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of the violation; (2) The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and (3) The payment to the state of reasonable compensation of any actual damage resulting therefrom. (c) One-half (½) of the civil penalties provided for in subdivision (b)(1) of this section, but not to exceed five hundred thousand dollars ($500,000) in any one (1) calendar year and not to exceed four million dollars ($4,000,000) in the aggregate, may be deposited into the Remedial Action Account in the Construction Assistance Revolving Loan Fund established pursuant to § 15-5-901 , if so authorized by the director, and such moneys shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions. Amended by Act 2019, No. 910,§ 2752, eff. 7/1/2019. Acts 1985, No. 479, § 11; A.S.A. 1947, § 82-4722; Acts 1997, No. 1042, § 3.

(a) (1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment. (2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.

(1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment.

(2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.

(b) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to: (1) A civil penalty in such amount as the Director of the Division of Environmental Quality shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of the violation; (2) The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and (3) The payment to the state of reasonable compensation of any actual damage resulting therefrom.

(1) A civil penalty in such amount as the Director of the Division of Environmental Quality shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of the violation;

(2) The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and

(3) The payment to the state of reasonable compensation of any actual damage resulting therefrom.

(c) One-half (½) of the civil penalties provided for in subdivision (b)(1) of this section, but not to exceed five hundred thousand dollars ($500,000) in any one (1) calendar year and not to exceed four million dollars ($4,000,000) in the aggregate, may be deposited into the Remedial Action Account in the Construction Assistance Revolving Loan Fund established pursuant to § 15-5-901 , if so authorized by the director, and such moneys shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions.

Amended by Act 2019, No. 910,§ 2752, eff. 7/1/2019.

Acts 1985, No. 479, § 11; A.S.A. 1947, § 82-4722; Acts 1997, No. 1042, § 3.
Ark. Code Ann. § 8-9-801 — AR Code / Title 8 / Chapter 9 / Subchapter 8 / Section 8-9-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Nuclear Recycling Program". Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.

This subchapter shall be known and may be cited as the "Arkansas Nuclear Recycling Program".

Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 8-6-702 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-702
Definitions
Status: in_force

As used in this subchapter: (1) "Board" or "regional board" means a regional solid waste management board established pursuant to this subchapter; (2) "Commission" means the Arkansas Pollution Control and Ecology Commission; (3) "Disposal site" means any place at which solid waste is dumped, accepted, or disposed of for final disposition by landfilling, incinerating, composting, or any other method; (4) "District" means a regional solid waste management district; (5) "Interested party" means the Director of the Division of Environmental Quality or his or her designee, the board, the person making application to the board, or any person submitting written comments on an application within the public comment period; (6) "Landfill" means a permitted landfill under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.; (7) "Materials in the recycling process" means ferrous and nonferrous metals diverted or removed from the solid waste stream so that they may be reused, as long as such materials are processed or handled using reasonably available processing equipment and control technology as determined by the director, taking cost into account, and a substantial amount of the materials are consistently utilized to manufacture a product which otherwise would have been produced using virgin material; (8) "Post-use polymer" means the same as defined in § 8-6-203 ; (9) "Recovered feedstock" means the same as defined in § 8-6-203 ; (10) "Recyclable materials" or "recyclables" means those materials from the solid waste stream that can be recovered for reuse in present or reprocessed form; (11) "Recyclable materials collection center" or "collection center" means a facility which receives or stores recyclable materials prior to timely transportation to material recovery facilities, markets for recycling, or disposal; (12) "Recycling" means the systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange; (13) "Solid waste" means all putrescible and nonputrescible wastes in solid, semisolid, or liquid form, including, but not limited to, yard or food waste, waste glass, waste metals, waste plastics, wastepaper, waste paperboard, and all other solid and semisolid wastes resulting from industrial, commercial, agricultural, community, and residential activities, but does not include materials in the recycling process as defined in this section or post-use polymers and recovered feedstocks; (14) "Solid waste management system" means the same as provided in § 8-6-203 ; (15) "Source separation" means the act or process of removing a particular type of recyclable material from the solid waste stream at the point of generation or at a point under control of the generator for the purpose of collection and recycling; and (16) "Yard waste" means grass clippings, leaves, and shrubbery trimmings. Amended by Act 2021, No. 1095,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 1095,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 2643, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2642, eff. 7/1/2019. Acts 1989, No. 870, § 2; 1991, No. 752, § 2; 1993, No. 479, § 1; 1999, No. 1164, § 71.

As used in this subchapter:

(1) "Board" or "regional board" means a regional solid waste management board established pursuant to this subchapter;

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

(3) "Disposal site" means any place at which solid waste is dumped, accepted, or disposed of for final disposition by landfilling, incinerating, composting, or any other method;

(4) "District" means a regional solid waste management district;

(5) "Interested party" means the Director of the Division of Environmental Quality or his or her designee, the board, the person making application to the board, or any person submitting written comments on an application within the public comment period;

(6) "Landfill" means a permitted landfill under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.;

(7) "Materials in the recycling process" means ferrous and nonferrous metals diverted or removed from the solid waste stream so that they may be reused, as long as such materials are processed or handled using reasonably available processing equipment and control technology as determined by the director, taking cost into account, and a substantial amount of the materials are consistently utilized to manufacture a product which otherwise would have been produced using virgin material;

(8) "Post-use polymer" means the same as defined in § 8-6-203 ;

(9) "Recovered feedstock" means the same as defined in § 8-6-203 ;

(10) "Recyclable materials" or "recyclables" means those materials from the solid waste stream that can be recovered for reuse in present or reprocessed form;

(11) "Recyclable materials collection center" or "collection center" means a facility which receives or stores recyclable materials prior to timely transportation to material recovery facilities, markets for recycling, or disposal;

(12) "Recycling" means the systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange;

(13) "Solid waste" means all putrescible and nonputrescible wastes in solid, semisolid, or liquid form, including, but not limited to, yard or food waste, waste glass, waste metals, waste plastics, wastepaper, waste paperboard, and all other solid and semisolid wastes resulting from industrial, commercial, agricultural, community, and residential activities, but does not include materials in the recycling process as defined in this section or post-use polymers and recovered feedstocks;

(14) "Solid waste management system" means the same as provided in § 8-6-203 ;

(15) "Source separation" means the act or process of removing a particular type of recyclable material from the solid waste stream at the point of generation or at a point under control of the generator for the purpose of collection and recycling; and

(16) "Yard waste" means grass clippings, leaves, and shrubbery trimmings.

Amended by Act 2021, No. 1095,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 1095,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 2643, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2642, eff. 7/1/2019.

Acts 1989, No. 870, § 2; 1991, No. 752, § 2; 1993, No. 479, § 1; 1999, No. 1164, § 71.
Ark. Code Ann. § 8-6-2016 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2016
Remediation procedures for environmental citations
Status: in_force

(a) (1) The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation. (2) The time period shall not exceed thirty (30) days from the date of the environmental citation. (b) To determine the time period, the environmental officer shall consider without limitation: (1) The severity of the environmental violation; (2) The size of the environmental violation; (3) The ability of the alleged violator to remove the solid waste and otherwise remediate the environmental violation; and (4) Any other factor that affects the alleged violator's capability to remove the solid waste and otherwise remediate the environmental violation. (c) (1) The environmental officer may extend the time period under subsection (a) of this section if the alleged violator has exercised due diligence to remediate the environmental violation but cannot complete the remediation within the time period set due to one (1) or more of the factors under subsection (b) of this section. (2) If the environmental officer extends the time period under subdivision (c)(1) of this section, the environmental officer shall notify the court with jurisdiction over the environmental citation hearing under § 8-6-2015 and request rescheduling of the hearing. (d) If the alleged violator removes the solid waste from the location or otherwise remediates the environmental violation, the alleged violator shall present to the environmental officer a cost statement. (e) (1) If the alleged violator has removed the solid waste, remediated the environmental violation, and presented a cost statement to the environmental officer, the environmental officer shall file an affidavit with the court that establishes that the environmental violation has been remediated and the environmental citation is withdrawn. (2) The affidavit shall include the cost statement and the results of an investigation that the environmental officer has completed at the location of the environmental violation. (f) After filing the affidavit under subsection (e) of this section, the environmental officer shall notify the court that the hearing required under § 8-6-2015 is unnecessary and the environmental citation has been withdrawn. (g) The environmental officer shall provide a copy of the affidavit under subsection (e) of this section to the Environmental Compliance Resource Program. Amended by Act 2021, No. 749,§ 12, eff. 7/28/2021. Amended by Act 2021, No. 749,§ 11, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) (1) The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation. (2) The time period shall not exceed thirty (30) days from the date of the environmental citation.

(1) The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation.

(2) The time period shall not exceed thirty (30) days from the date of the environmental citation.

(b) To determine the time period, the environmental officer shall consider without limitation: (1) The severity of the environmental violation; (2) The size of the environmental violation; (3) The ability of the alleged violator to remove the solid waste and otherwise remediate the environmental violation; and (4) Any other factor that affects the alleged violator's capability to remove the solid waste and otherwise remediate the environmental violation.

(1) The severity of the environmental violation;

(2) The size of the environmental violation;

(3) The ability of the alleged violator to remove the solid waste and otherwise remediate the environmental violation; and

(4) Any other factor that affects the alleged violator's capability to remove the solid waste and otherwise remediate the environmental violation.

(c) (1) The environmental officer may extend the time period under subsection (a) of this section if the alleged violator has exercised due diligence to remediate the environmental violation but cannot complete the remediation within the time period set due to one (1) or more of the factors under subsection (b) of this section. (2) If the environmental officer extends the time period under subdivision (c)(1) of this section, the environmental officer shall notify the court with jurisdiction over the environmental citation hearing under § 8-6-2015 and request rescheduling of the hearing.

(1) The environmental officer may extend the time period under subsection (a) of this section if the alleged violator has exercised due diligence to remediate the environmental violation but cannot complete the remediation within the time period set due to one (1) or more of the factors under subsection (b) of this section.

(2) If the environmental officer extends the time period under subdivision (c)(1) of this section, the environmental officer shall notify the court with jurisdiction over the environmental citation hearing under § 8-6-2015 and request rescheduling of the hearing.

(d) If the alleged violator removes the solid waste from the location or otherwise remediates the environmental violation, the alleged violator shall present to the environmental officer a cost statement.

(e) (1) If the alleged violator has removed the solid waste, remediated the environmental violation, and presented a cost statement to the environmental officer, the environmental officer shall file an affidavit with the court that establishes that the environmental violation has been remediated and the environmental citation is withdrawn. (2) The affidavit shall include the cost statement and the results of an investigation that the environmental officer has completed at the location of the environmental violation.

(1) If the alleged violator has removed the solid waste, remediated the environmental violation, and presented a cost statement to the environmental officer, the environmental officer shall file an affidavit with the court that establishes that the environmental violation has been remediated and the environmental citation is withdrawn.

(2) The affidavit shall include the cost statement and the results of an investigation that the environmental officer has completed at the location of the environmental violation.

(f) After filing the affidavit under subsection (e) of this section, the environmental officer shall notify the court that the hearing required under § 8-6-2015 is unnecessary and the environmental citation has been withdrawn.

(g) The environmental officer shall provide a copy of the affidavit under subsection (e) of this section to the Environmental Compliance Resource Program.

Amended by Act 2021, No. 749,§ 12, eff. 7/28/2021.

Amended by Act 2021, No. 749,§ 11, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-6-703 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-703
Creation of districts and boards - Members of boards
Status: in_force

(a) (1) (A) The eight (8) regional solid waste planning districts created by Acts 1989, No. 870, and each solid waste service area created pursuant to Acts 1989, No. 870, are renamed regional solid waste management districts. (B) Each regional solid waste management district shall be governed by a regional solid waste management board. (2) The boundaries of a regional solid waste management district may be modified and new regional solid waste management districts may be created pursuant to § 8-6-707 . (b) (1) Each board shall be composed of representatives of: (A) The counties within the regional solid waste management district; (B) All cities of the first class within the regional solid waste management district; (C) All cities with a population over two thousand (2,000) according to the most recent federal decennial census within the regional solid waste management district; (D) The largest city of each county within the regional solid waste management district; and (E) Any city that holds a position on any board on or after January 1, 2010, within the regional solid waste management district. (2) The county judge of each county within the regional solid waste management district and the mayor of each city entitled to a representative in the regional solid waste management district shall serve on the board, unless the county judge or mayor elects instead to appoint a member as follows: (A) The county judge, with confirmation by the quorum court of each county within the regional solid waste management district, shall appoint one (1) member to the board; and (B) The mayor, with confirmation by the governing body of each city entitled to a representative in the regional solid waste management district, shall appoint one (1) member. (c) (1) Each board shall have a minimum of five (5) members. (2) If the number of members serving under subsection (b) of this section is less than five (5), additional members necessary to make the total number equal five (5) shall be appointed by mutual agreement of the other board members and shall represent the general public within the regional solid waste management district. (3) Appointed board members shall serve at the pleasure of the appointing body and a minimum term of one (1) year. (4) Vacancies shall be filled for any unexpired term of an appointed member in the same manner as provided in subsection (b) of this section and subdivision (c)(2) of this section. (5) (A) A majority of the membership of the board in person or represented by proxy shall constitute a quorum. (B) A majority vote of those members present shall be required for any action of the board. (6) Each board shall annually select a chair. Amended by Act 2013, No. 316,§ 1, eff. 8/16/2013. Acts 1989, No. 870, § 3; 1991, No. 752, §§ 2, 3; 2003, No. 215, § 1; 2011, No. 884, § 1.

(a) (1) (A) The eight (8) regional solid waste planning districts created by Acts 1989, No. 870, and each solid waste service area created pursuant to Acts 1989, No. 870, are renamed regional solid waste management districts. (B) Each regional solid waste management district shall be governed by a regional solid waste management board. (2) The boundaries of a regional solid waste management district may be modified and new regional solid waste management districts may be created pursuant to § 8-6-707 .

(1) (A) The eight (8) regional solid waste planning districts created by Acts 1989, No. 870, and each solid waste service area created pursuant to Acts 1989, No. 870, are renamed regional solid waste management districts. (B) Each regional solid waste management district shall be governed by a regional solid waste management board.

(A) The eight (8) regional solid waste planning districts created by Acts 1989, No. 870, and each solid waste service area created pursuant to Acts 1989, No. 870, are renamed regional solid waste management districts.

(B) Each regional solid waste management district shall be governed by a regional solid waste management board.

(2) The boundaries of a regional solid waste management district may be modified and new regional solid waste management districts may be created pursuant to § 8-6-707 .

(b) (1) Each board shall be composed of representatives of: (A) The counties within the regional solid waste management district; (B) All cities of the first class within the regional solid waste management district; (C) All cities with a population over two thousand (2,000) according to the most recent federal decennial census within the regional solid waste management district; (D) The largest city of each county within the regional solid waste management district; and (E) Any city that holds a position on any board on or after January 1, 2010, within the regional solid waste management district. (2) The county judge of each county within the regional solid waste management district and the mayor of each city entitled to a representative in the regional solid waste management district shall serve on the board, unless the county judge or mayor elects instead to appoint a member as follows: (A) The county judge, with confirmation by the quorum court of each county within the regional solid waste management district, shall appoint one (1) member to the board; and (B) The mayor, with confirmation by the governing body of each city entitled to a representative in the regional solid waste management district, shall appoint one (1) member.

(1) Each board shall be composed of representatives of: (A) The counties within the regional solid waste management district; (B) All cities of the first class within the regional solid waste management district; (C) All cities with a population over two thousand (2,000) according to the most recent federal decennial census within the regional solid waste management district; (D) The largest city of each county within the regional solid waste management district; and (E) Any city that holds a position on any board on or after January 1, 2010, within the regional solid waste management district.

(A) The counties within the regional solid waste management district;

(B) All cities of the first class within the regional solid waste management district;

(C) All cities with a population over two thousand (2,000) according to the most recent federal decennial census within the regional solid waste management district;

(D) The largest city of each county within the regional solid waste management district; and

(E) Any city that holds a position on any board on or after January 1, 2010, within the regional solid waste management district.

(2) The county judge of each county within the regional solid waste management district and the mayor of each city entitled to a representative in the regional solid waste management district shall serve on the board, unless the county judge or mayor elects instead to appoint a member as follows: (A) The county judge, with confirmation by the quorum court of each county within the regional solid waste management district, shall appoint one (1) member to the board; and (B) The mayor, with confirmation by the governing body of each city entitled to a representative in the regional solid waste management district, shall appoint one (1) member.

(A) The county judge, with confirmation by the quorum court of each county within the regional solid waste management district, shall appoint one (1) member to the board; and

(B) The mayor, with confirmation by the governing body of each city entitled to a representative in the regional solid waste management district, shall appoint one (1) member.

(c) (1) Each board shall have a minimum of five (5) members. (2) If the number of members serving under subsection (b) of this section is less than five (5), additional members necessary to make the total number equal five (5) shall be appointed by mutual agreement of the other board members and shall represent the general public within the regional solid waste management district. (3) Appointed board members shall serve at the pleasure of the appointing body and a minimum term of one (1) year. (4) Vacancies shall be filled for any unexpired term of an appointed member in the same manner as provided in subsection (b) of this section and subdivision (c)(2) of this section. (5) (A) A majority of the membership of the board in person or represented by proxy shall constitute a quorum. (B) A majority vote of those members present shall be required for any action of the board. (6) Each board shall annually select a chair.

(1) Each board shall have a minimum of five (5) members.

(2) If the number of members serving under subsection (b) of this section is less than five (5), additional members necessary to make the total number equal five (5) shall be appointed by mutual agreement of the other board members and shall represent the general public within the regional solid waste management district.

(3) Appointed board members shall serve at the pleasure of the appointing body and a minimum term of one (1) year.

(4) Vacancies shall be filled for any unexpired term of an appointed member in the same manner as provided in subsection (b) of this section and subdivision (c)(2) of this section.

(5) (A) A majority of the membership of the board in person or represented by proxy shall constitute a quorum. (B) A majority vote of those members present shall be required for any action of the board.

(A) A majority of the membership of the board in person or represented by proxy shall constitute a quorum.

(B) A majority vote of those members present shall be required for any action of the board.

(6) Each board shall annually select a chair.

Amended by Act 2013, No. 316,§ 1, eff. 8/16/2013.

Acts 1989, No. 870, § 3; 1991, No. 752, §§ 2, 3; 2003, No. 215, § 1; 2011, No. 884, § 1.
Ark. Code Ann. § 8-7-807 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-807
Responsibility and liability of owner
Status: in_force

(a) (1) Upon a determination that a release of a regulated substance from a storage tank has occurred, the owner or operator shall notify the Division of Environmental Quality. The owner or operator shall immediately undertake to collect and remove the release and to restore the area affected in accordance with the requirements of this subchapter. (2) However, the obligation of an owner or operator of an aboveground storage tank to notify the division or undertake the other activities required in this subsection shall not exceed and will be limited to the existing requirements of any other applicable federal statutes or regulations, or state statutes or rules. (b) If the owner or operator fails to proceed as required in subsection (a) of this section, the owner and operator shall be liable to the division for any costs incurred by the division for undertaking corrective action or enforcement action with respect to the release of a regulated substance from a storage tank. (c) (1) (A) A release site property owner or adjacent property owner shall not unduly impede or interfere with the efforts of the division or the owner or operator to undertake investigation, site assessment, or corrective action in accordance with the requirements of this subchapter. (B) The division or the owner, as defined in § 8-7-801 , or operator shall undertake investigation, site assessment, or corrective action, as approved by the division after notice to the affected parties, that minimizes to the most reasonable extent practicable any interference with the release site property owner's or adjacent property owner's use and enjoyment of the property, taking into consideration the relevant private and commercial interests and the release site property owner's or adjacent property owner's need for access. (2) (A) A release site property owner or adjacent property owner that violates subdivision (c)(1) of this section is liable for any investigation, site assessment, or corrective action costs resulting from the violation. (B) If the release site property owner or adjacent property owner denies access to property when the access is reasonably necessary for investigation, site assessment, or corrective action undertaken by the division or by the owner or operator under a division directive, order, or approved corrective action plan, the division may order the release site property owner or adjacent property owner to undertake the portion of investigation, site assessment, or corrective action that was prohibited by the denial of access. (3) This section does not impair any right of the release site property owner or adjacent property owner to seek equitable or legal remedies, including without limitation claims for trespass, compensation as the result of eminent domain, damages for temporary or permanent takings of rights in land, contribution, and any other right or remedy allowed by state law or rule, or federal law or regulation. (d) (1) Any party found liable for any costs or expenditures recoverable under this subchapter which establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to his or her actions shall be required to pay only for that portion. (2) If the trier of fact finds the evidence insufficient to establish each party's portion of costs or expenditures, the court shall apportion the costs or expenditures, to the extent practicable, according to equitable principles, among the responsible parties. (3) In any action under this subchapter, no responsible party shall be liable for more than that party's apportioned share of the amount of costs or expenditures recoverable for the site. (4) Any expenditures required under this subchapter made by a responsible party, before or after suit or before or after a complaint has been filed with or heard by the Arkansas State Claims Commission, shall be credited toward any apportioned share. (e) Any costs recovered by the division under this section shall be used to reimburse the Petroleum Storage Tank Trust Fund in the amount utilized by the division and the balance, if any, deposited into the Regulated Substance Storage Tank Program Fund. Amended by Act 2019, No. 315,§ 657, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 656, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2796, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2795, eff. 7/1/2019. Amended by Act 2013, No. 1509,§ 2, eff. 8/16/2013. Acts 1989, No. 172, § 7; 1993, No. 810, § 5; 1999, No. 600, § 2.

(a) (1) Upon a determination that a release of a regulated substance from a storage tank has occurred, the owner or operator shall notify the Division of Environmental Quality. The owner or operator shall immediately undertake to collect and remove the release and to restore the area affected in accordance with the requirements of this subchapter. (2) However, the obligation of an owner or operator of an aboveground storage tank to notify the division or undertake the other activities required in this subsection shall not exceed and will be limited to the existing requirements of any other applicable federal statutes or regulations, or state statutes or rules.

(1) Upon a determination that a release of a regulated substance from a storage tank has occurred, the owner or operator shall notify the Division of Environmental Quality. The owner or operator shall immediately undertake to collect and remove the release and to restore the area affected in accordance with the requirements of this subchapter.

(2) However, the obligation of an owner or operator of an aboveground storage tank to notify the division or undertake the other activities required in this subsection shall not exceed and will be limited to the existing requirements of any other applicable federal statutes or regulations, or state statutes or rules.

(b) If the owner or operator fails to proceed as required in subsection (a) of this section, the owner and operator shall be liable to the division for any costs incurred by the division for undertaking corrective action or enforcement action with respect to the release of a regulated substance from a storage tank.

(c) (1) (A) A release site property owner or adjacent property owner shall not unduly impede or interfere with the efforts of the division or the owner or operator to undertake investigation, site assessment, or corrective action in accordance with the requirements of this subchapter. (B) The division or the owner, as defined in § 8-7-801 , or operator shall undertake investigation, site assessment, or corrective action, as approved by the division after notice to the affected parties, that minimizes to the most reasonable extent practicable any interference with the release site property owner's or adjacent property owner's use and enjoyment of the property, taking into consideration the relevant private and commercial interests and the release site property owner's or adjacent property owner's need for access. (2) (A) A release site property owner or adjacent property owner that violates subdivision (c)(1) of this section is liable for any investigation, site assessment, or corrective action costs resulting from the violation. (B) If the release site property owner or adjacent property owner denies access to property when the access is reasonably necessary for investigation, site assessment, or corrective action undertaken by the division or by the owner or operator under a division directive, order, or approved corrective action plan, the division may order the release site property owner or adjacent property owner to undertake the portion of investigation, site assessment, or corrective action that was prohibited by the denial of access. (3) This section does not impair any right of the release site property owner or adjacent property owner to seek equitable or legal remedies, including without limitation claims for trespass, compensation as the result of eminent domain, damages for temporary or permanent takings of rights in land, contribution, and any other right or remedy allowed by state law or rule, or federal law or regulation.

(1) (A) A release site property owner or adjacent property owner shall not unduly impede or interfere with the efforts of the division or the owner or operator to undertake investigation, site assessment, or corrective action in accordance with the requirements of this subchapter. (B) The division or the owner, as defined in § 8-7-801 , or operator shall undertake investigation, site assessment, or corrective action, as approved by the division after notice to the affected parties, that minimizes to the most reasonable extent practicable any interference with the release site property owner's or adjacent property owner's use and enjoyment of the property, taking into consideration the relevant private and commercial interests and the release site property owner's or adjacent property owner's need for access.

(A) A release site property owner or adjacent property owner shall not unduly impede or interfere with the efforts of the division or the owner or operator to undertake investigation, site assessment, or corrective action in accordance with the requirements of this subchapter.

(B) The division or the owner, as defined in § 8-7-801 , or operator shall undertake investigation, site assessment, or corrective action, as approved by the division after notice to the affected parties, that minimizes to the most reasonable extent practicable any interference with the release site property owner's or adjacent property owner's use and enjoyment of the property, taking into consideration the relevant private and commercial interests and the release site property owner's or adjacent property owner's need for access.

(2) (A) A release site property owner or adjacent property owner that violates subdivision (c)(1) of this section is liable for any investigation, site assessment, or corrective action costs resulting from the violation. (B) If the release site property owner or adjacent property owner denies access to property when the access is reasonably necessary for investigation, site assessment, or corrective action undertaken by the division or by the owner or operator under a division directive, order, or approved corrective action plan, the division may order the release site property owner or adjacent property owner to undertake the portion of investigation, site assessment, or corrective action that was prohibited by the denial of access.

(A) A release site property owner or adjacent property owner that violates subdivision (c)(1) of this section is liable for any investigation, site assessment, or corrective action costs resulting from the violation.

(B) If the release site property owner or adjacent property owner denies access to property when the access is reasonably necessary for investigation, site assessment, or corrective action undertaken by the division or by the owner or operator under a division directive, order, or approved corrective action plan, the division may order the release site property owner or adjacent property owner to undertake the portion of investigation, site assessment, or corrective action that was prohibited by the denial of access.

(3) This section does not impair any right of the release site property owner or adjacent property owner to seek equitable or legal remedies, including without limitation claims for trespass, compensation as the result of eminent domain, damages for temporary or permanent takings of rights in land, contribution, and any other right or remedy allowed by state law or rule, or federal law or regulation.

(d) (1) Any party found liable for any costs or expenditures recoverable under this subchapter which establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to his or her actions shall be required to pay only for that portion. (2) If the trier of fact finds the evidence insufficient to establish each party's portion of costs or expenditures, the court shall apportion the costs or expenditures, to the extent practicable, according to equitable principles, among the responsible parties. (3) In any action under this subchapter, no responsible party shall be liable for more than that party's apportioned share of the amount of costs or expenditures recoverable for the site. (4) Any expenditures required under this subchapter made by a responsible party, before or after suit or before or after a complaint has been filed with or heard by the Arkansas State Claims Commission, shall be credited toward any apportioned share.

(1) Any party found liable for any costs or expenditures recoverable under this subchapter which establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to his or her actions shall be required to pay only for that portion.

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

(3) In any action under this subchapter, no responsible party shall be liable for more than that party's apportioned share of the amount of costs or expenditures recoverable for the site.

(4) Any expenditures required under this subchapter made by a responsible party, before or after suit or before or after a complaint has been filed with or heard by the Arkansas State Claims Commission, shall be credited toward any apportioned share.

(e) Any costs recovered by the division under this section shall be used to reimburse the Petroleum Storage Tank Trust Fund in the amount utilized by the division and the balance, if any, deposited into the Regulated Substance Storage Tank Program Fund.

Amended by Act 2019, No. 315,§ 657, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 656, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2796, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2795, eff. 7/1/2019.

Amended by Act 2013, No. 1509,§ 2, eff. 8/16/2013.

Acts 1989, No. 172, § 7; 1993, No. 810, § 5; 1999, No. 600, § 2.
Ark. Code Ann. § 8-4-317 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-317
State implementation plans generally
Status: in_force

(a) In developing and implementing a state implementation plan, the Division of Environmental Quality shall consider and take into account the factors specified in § 8-4-312 and the Clean Air Act, 42 U.S.C. § 7401 et seq., as applicable. (b) (1) (A) Whenever the division proposes to finalize a state implementation plan submittal for review and approval by the United States Environmental Protection Agency, it shall cause notice of its proposed action to be published in a newspaper of general circulation in the state. (B) The notice required under subdivision (b)(1)(A) of this section shall afford any interested party at least thirty (30) calendar days in which to submit comments on the proposed state implementation plan submittal in its entirety. (C) (i) In the case of any emission limit, work practice or operational standard, environmental standard, analytical method, air dispersion modeling requirement, or monitoring requirement that is incorporated as an element of the proposed state implementation plan submittal, the record of the proposed action shall include a written explanation of the rationale for the proposal, demonstrating the reasoned consideration of the factors in § 8-4-312 as applicable, the need for each measure in attaining or maintaining the National Ambient Air Quality Standards as applicable, and that any requirements or standards are based upon generally accepted scientific knowledge and engineering practices. (ii) For any standard or requirement that is identical to the applicable Arkansas Pollution Control and Ecology Commission rule or federal regulation, the demonstration required under subdivision (b)(1)(C)(i) of this section may be satisfied by reference to the rule or federal regulation. In all other cases, the division shall provide its own justification with appropriate reference to the scientific and engineering literature considered or the written studies conducted by the division. (2) (A) At the conclusion of the public comment period and before transmittal to the Governor for submittal to the United States Environmental Protection Agency, the division shall provide written notice of its final decision regarding the state implementation plan submittal to all persons who submitted public comments. (B) (i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's final decision. (ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of a state implementation plan decision and serving as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues. (iii) This section does not limit the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review by the commission of a particular state implementation plan decision. (c) (1) Only those persons that submit comments on the record during the public comment period have standing to appeal the final decision of the division to the commission upon written application made within thirty (30) days after service of the notice under subdivision (b)(2)(A) of this section. (2) An appeal under subdivision (c)(1) of this section shall be processed as a permit appeal under § 8-4-205 . However, the decision of the Director of the Division of Environmental Quality shall remain in effect during the appeal. Amended by Act 2019, No. 315,§ 501, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2547, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2546, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2545, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2544, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2543, eff. 7/1/2019. Amended by Act 2017, No. 455,§ 2, eff. 8/1/2017. Added by Act 2013, No. 1302,§ 4, eff. 4/18/2013.

(a) In developing and implementing a state implementation plan, the Division of Environmental Quality shall consider and take into account the factors specified in § 8-4-312 and the Clean Air Act, 42 U.S.C. § 7401 et seq., as applicable.

(b) (1) (A) Whenever the division proposes to finalize a state implementation plan submittal for review and approval by the United States Environmental Protection Agency, it shall cause notice of its proposed action to be published in a newspaper of general circulation in the state. (B) The notice required under subdivision (b)(1)(A) of this section shall afford any interested party at least thirty (30) calendar days in which to submit comments on the proposed state implementation plan submittal in its entirety. (C) (i) In the case of any emission limit, work practice or operational standard, environmental standard, analytical method, air dispersion modeling requirement, or monitoring requirement that is incorporated as an element of the proposed state implementation plan submittal, the record of the proposed action shall include a written explanation of the rationale for the proposal, demonstrating the reasoned consideration of the factors in § 8-4-312 as applicable, the need for each measure in attaining or maintaining the National Ambient Air Quality Standards as applicable, and that any requirements or standards are based upon generally accepted scientific knowledge and engineering practices. (ii) For any standard or requirement that is identical to the applicable Arkansas Pollution Control and Ecology Commission rule or federal regulation, the demonstration required under subdivision (b)(1)(C)(i) of this section may be satisfied by reference to the rule or federal regulation. In all other cases, the division shall provide its own justification with appropriate reference to the scientific and engineering literature considered or the written studies conducted by the division. (2) (A) At the conclusion of the public comment period and before transmittal to the Governor for submittal to the United States Environmental Protection Agency, the division shall provide written notice of its final decision regarding the state implementation plan submittal to all persons who submitted public comments. (B) (i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's final decision. (ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of a state implementation plan decision and serving as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues. (iii) This section does not limit the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review by the commission of a particular state implementation plan decision.

(1) (A) Whenever the division proposes to finalize a state implementation plan submittal for review and approval by the United States Environmental Protection Agency, it shall cause notice of its proposed action to be published in a newspaper of general circulation in the state. (B) The notice required under subdivision (b)(1)(A) of this section shall afford any interested party at least thirty (30) calendar days in which to submit comments on the proposed state implementation plan submittal in its entirety. (C) (i) In the case of any emission limit, work practice or operational standard, environmental standard, analytical method, air dispersion modeling requirement, or monitoring requirement that is incorporated as an element of the proposed state implementation plan submittal, the record of the proposed action shall include a written explanation of the rationale for the proposal, demonstrating the reasoned consideration of the factors in § 8-4-312 as applicable, the need for each measure in attaining or maintaining the National Ambient Air Quality Standards as applicable, and that any requirements or standards are based upon generally accepted scientific knowledge and engineering practices. (ii) For any standard or requirement that is identical to the applicable Arkansas Pollution Control and Ecology Commission rule or federal regulation, the demonstration required under subdivision (b)(1)(C)(i) of this section may be satisfied by reference to the rule or federal regulation. In all other cases, the division shall provide its own justification with appropriate reference to the scientific and engineering literature considered or the written studies conducted by the division.

(A) Whenever the division proposes to finalize a state implementation plan submittal for review and approval by the United States Environmental Protection Agency, it shall cause notice of its proposed action to be published in a newspaper of general circulation in the state.

(B) The notice required under subdivision (b)(1)(A) of this section shall afford any interested party at least thirty (30) calendar days in which to submit comments on the proposed state implementation plan submittal in its entirety.

(C) (i) In the case of any emission limit, work practice or operational standard, environmental standard, analytical method, air dispersion modeling requirement, or monitoring requirement that is incorporated as an element of the proposed state implementation plan submittal, the record of the proposed action shall include a written explanation of the rationale for the proposal, demonstrating the reasoned consideration of the factors in § 8-4-312 as applicable, the need for each measure in attaining or maintaining the National Ambient Air Quality Standards as applicable, and that any requirements or standards are based upon generally accepted scientific knowledge and engineering practices. (ii) For any standard or requirement that is identical to the applicable Arkansas Pollution Control and Ecology Commission rule or federal regulation, the demonstration required under subdivision (b)(1)(C)(i) of this section may be satisfied by reference to the rule or federal regulation. In all other cases, the division shall provide its own justification with appropriate reference to the scientific and engineering literature considered or the written studies conducted by the division.

(i) In the case of any emission limit, work practice or operational standard, environmental standard, analytical method, air dispersion modeling requirement, or monitoring requirement that is incorporated as an element of the proposed state implementation plan submittal, the record of the proposed action shall include a written explanation of the rationale for the proposal, demonstrating the reasoned consideration of the factors in § 8-4-312 as applicable, the need for each measure in attaining or maintaining the National Ambient Air Quality Standards as applicable, and that any requirements or standards are based upon generally accepted scientific knowledge and engineering practices.

(ii) For any standard or requirement that is identical to the applicable Arkansas Pollution Control and Ecology Commission rule or federal regulation, the demonstration required under subdivision (b)(1)(C)(i) of this section may be satisfied by reference to the rule or federal regulation. In all other cases, the division shall provide its own justification with appropriate reference to the scientific and engineering literature considered or the written studies conducted by the division.

(2) (A) At the conclusion of the public comment period and before transmittal to the Governor for submittal to the United States Environmental Protection Agency, the division shall provide written notice of its final decision regarding the state implementation plan submittal to all persons who submitted public comments. (B) (i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's final decision. (ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of a state implementation plan decision and serving as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues. (iii) This section does not limit the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review by the commission of a particular state implementation plan decision.

(A) At the conclusion of the public comment period and before transmittal to the Governor for submittal to the United States Environmental Protection Agency, the division shall provide written notice of its final decision regarding the state implementation plan submittal to all persons who submitted public comments.

(B) (i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's final decision. (ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of a state implementation plan decision and serving as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues. (iii) This section does not limit the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review by the commission of a particular state implementation plan decision.

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

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

(iii) This section does not limit the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review by the commission of a particular state implementation plan decision.

(c) (1) Only those persons that submit comments on the record during the public comment period have standing to appeal the final decision of the division to the commission upon written application made within thirty (30) days after service of the notice under subdivision (b)(2)(A) of this section. (2) An appeal under subdivision (c)(1) of this section shall be processed as a permit appeal under § 8-4-205 . However, the decision of the Director of the Division of Environmental Quality shall remain in effect during the appeal.

(1) Only those persons that submit comments on the record during the public comment period have standing to appeal the final decision of the division to the commission upon written application made within thirty (30) days after service of the notice under subdivision (b)(2)(A) of this section.

(2) An appeal under subdivision (c)(1) of this section shall be processed as a permit appeal under § 8-4-205 . However, the decision of the Director of the Division of Environmental Quality shall remain in effect during the appeal.

Amended by Act 2019, No. 315,§ 501, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2547, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2546, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2545, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2544, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2543, eff. 7/1/2019.

Amended by Act 2017, No. 455,§ 2, eff. 8/1/2017.

Added by Act 2013, No. 1302,§ 4, eff. 4/18/2013.
Ark. Code Ann. § 8-10-301 — AR Code / Title 8 / Chapter 10 / Subchapter 3 / Section 8-10-301
Sale of certain batteries prohibited - Disposal requirements - Definitions
Status: in_force

(a) Alkaline manganese batteries manufactured on or after January 1, 1996, shall not be sold in this state if the alkaline manganese battery contains any intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials, except, however, that the limitation on mercury content in alkaline manganese button cells shall be twenty-five milligrams (25 mg) of mercury per button cell. (b) Zinc carbon batteries manufactured on or after January 1, 1994, shall not be sold in this state if the zinc carbon battery contains any intentionally introduced mercury. (c) (1) It shall be illegal to sell consumer mercuric oxide button cell batteries in this state on or after January 1, 1994. (2) As used in this subsection, "consumer mercuric oxide button cell batteries" means batteries which contain mercuric oxide electrodes, resemble buttons in size and shape, and are used in consumer products such as hearing aids. (d) (1) (A) On or after January 1, 1994, no person shall dispose of mercuric oxide batteries in municipal solid waste or in medical waste. (B) Mercuric oxide batteries are subject to disposal or recycling under the provisions of or pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. (2) As used in this subsection, "mercuric oxide batteries" means batteries containing mercuric oxide electrodes, except that consumer mercuric oxide button cell batteries are excluded from the definition. (e) The Arkansas Pollution Control and Ecology Commission may promulgate, modify, or repeal rules as necessary or appropriate to implement or effectuate the purpose and intent of this section. (f) Any person violating any provision of this section or of any rule or order issued pursuant to this section shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204 . Amended by Act 2019, No. 315,§ 696, eff. 7/24/2019. Acts 1993, No. 952, § 1.

(a) Alkaline manganese batteries manufactured on or after January 1, 1996, shall not be sold in this state if the alkaline manganese battery contains any intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials, except, however, that the limitation on mercury content in alkaline manganese button cells shall be twenty-five milligrams (25 mg) of mercury per button cell.

(b) Zinc carbon batteries manufactured on or after January 1, 1994, shall not be sold in this state if the zinc carbon battery contains any intentionally introduced mercury.

(c) (1) It shall be illegal to sell consumer mercuric oxide button cell batteries in this state on or after January 1, 1994. (2) As used in this subsection, "consumer mercuric oxide button cell batteries" means batteries which contain mercuric oxide electrodes, resemble buttons in size and shape, and are used in consumer products such as hearing aids.

(1) It shall be illegal to sell consumer mercuric oxide button cell batteries in this state on or after January 1, 1994.

(2) As used in this subsection, "consumer mercuric oxide button cell batteries" means batteries which contain mercuric oxide electrodes, resemble buttons in size and shape, and are used in consumer products such as hearing aids.

(d) (1) (A) On or after January 1, 1994, no person shall dispose of mercuric oxide batteries in municipal solid waste or in medical waste. (B) Mercuric oxide batteries are subject to disposal or recycling under the provisions of or pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. (2) As used in this subsection, "mercuric oxide batteries" means batteries containing mercuric oxide electrodes, except that consumer mercuric oxide button cell batteries are excluded from the definition.

(1) (A) On or after January 1, 1994, no person shall dispose of mercuric oxide batteries in municipal solid waste or in medical waste. (B) Mercuric oxide batteries are subject to disposal or recycling under the provisions of or pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

(A) On or after January 1, 1994, no person shall dispose of mercuric oxide batteries in municipal solid waste or in medical waste.

(B) Mercuric oxide batteries are subject to disposal or recycling under the provisions of or pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

(2) As used in this subsection, "mercuric oxide batteries" means batteries containing mercuric oxide electrodes, except that consumer mercuric oxide button cell batteries are excluded from the definition.

(e) The Arkansas Pollution Control and Ecology Commission may promulgate, modify, or repeal rules as necessary or appropriate to implement or effectuate the purpose and intent of this section.

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

Amended by Act 2019, No. 315,§ 696, eff. 7/24/2019.

Acts 1993, No. 952, § 1.
Ark. Code Ann. § 8-4-233 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-233
Nutrient Water Quality Trading Advisory Panel - Creation - Members - Duties
Status: in_force

(a) The Nutrient Water Quality Trading Advisory Panel is created, consisting of nine (9) members as follows: (1) One (1) member appointed by the President Pro Tempore of the Senate; (2) One (1) member appointed by the Speaker of the House of Representatives; and (3) Seven (7) members appointed by the Governor as follows: (A) One (1) member to represent agricultural interests; (B) One (1) member to represent forestry interests; (C) One (1) member to represent municipal wastewater treatment facility interests; (D) One (1) member to represent public drinking water supply interests; (E) One (1) member to represent the interests of industries that hold point source wastewater discharge permits; and (F) Two (2) members to represent the interests of environmental organizations regarding water quality. (b) (1) A member shall serve a term of two (2) years or until a successor is appointed. (2) A member may serve successive terms without limitation. (3) If a vacancy occurs, the officer who made the original appointment for that position shall appoint a person who represents the same constituency as the member being replaced. (c) (1) A majority of the members shall constitute a quorum for the transaction of business. (2) Meetings may be conducted with members participating via telephonic or other electronic conferencing methods. (d) (1) The panel shall elect a chair and vice chair. (2) The panel may adopt rules relating to the conduct of its meetings. (e) Members shall serve without compensation but may be reimbursed for expenses in accordance with § 25-16-902 , if funds are available. (f) The Division of Environmental Quality shall provide meeting space and administrative services for the panel. (g) The panel may: (1) Advise the division and the Arkansas Natural Resources Commission regarding the desirability, design, and operation of nutrient water quality trading programs; and (2) Advise the Arkansas Pollution Control and Ecology Commission and the Arkansas Natural Resources Commission regarding the promulgation of rules involving nutrient water quality trading programs. (h) The Arkansas Pollution Control and Ecology Commission shall not initiate a rulemaking proceeding to adopt a rule that authorizes or governs nutrient water quality trading unless: (1) The proposed rule has been recommended by the panel; or (2) A copy of the proposed rule has been delivered to the panel at least sixty (60) calendar days before the date the request to initiate the rulemaking is filed with the Arkansas Pollution Control and Ecology Commission. (i) Subsection (h) of this section does not limit the authority of the Arkansas Pollution Control and Ecology Commission to: (1) Alter a proposed rule at any time during the rulemaking proceeding; or (2) Initiate a rulemaking proceeding if: (A) The members of the panel have not been appointed; or (B) The panel lacks an actively serving quorum. Amended by Act 2019, No. 315,§ 486, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 485, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2514, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2513, eff. 7/1/2019. Added by Act 2015, No. 335,§ 2, eff. 7/22/2015.

(a) The Nutrient Water Quality Trading Advisory Panel is created, consisting of nine (9) members as follows: (1) One (1) member appointed by the President Pro Tempore of the Senate; (2) One (1) member appointed by the Speaker of the House of Representatives; and (3) Seven (7) members appointed by the Governor as follows: (A) One (1) member to represent agricultural interests; (B) One (1) member to represent forestry interests; (C) One (1) member to represent municipal wastewater treatment facility interests; (D) One (1) member to represent public drinking water supply interests; (E) One (1) member to represent the interests of industries that hold point source wastewater discharge permits; and (F) Two (2) members to represent the interests of environmental organizations regarding water quality.

(1) One (1) member appointed by the President Pro Tempore of the Senate;

(2) One (1) member appointed by the Speaker of the House of Representatives; and

(3) Seven (7) members appointed by the Governor as follows: (A) One (1) member to represent agricultural interests; (B) One (1) member to represent forestry interests; (C) One (1) member to represent municipal wastewater treatment facility interests; (D) One (1) member to represent public drinking water supply interests; (E) One (1) member to represent the interests of industries that hold point source wastewater discharge permits; and (F) Two (2) members to represent the interests of environmental organizations regarding water quality.

(A) One (1) member to represent agricultural interests;

(B) One (1) member to represent forestry interests;

(C) One (1) member to represent municipal wastewater treatment facility interests;

(D) One (1) member to represent public drinking water supply interests;

(E) One (1) member to represent the interests of industries that hold point source wastewater discharge permits; and

(F) Two (2) members to represent the interests of environmental organizations regarding water quality.

(b) (1) A member shall serve a term of two (2) years or until a successor is appointed. (2) A member may serve successive terms without limitation. (3) If a vacancy occurs, the officer who made the original appointment for that position shall appoint a person who represents the same constituency as the member being replaced.

(1) A member shall serve a term of two (2) years or until a successor is appointed.

(2) A member may serve successive terms without limitation.

(3) If a vacancy occurs, the officer who made the original appointment for that position shall appoint a person who represents the same constituency as the member being replaced.

(c) (1) A majority of the members shall constitute a quorum for the transaction of business. (2) Meetings may be conducted with members participating via telephonic or other electronic conferencing methods.

(1) A majority of the members shall constitute a quorum for the transaction of business.

(2) Meetings may be conducted with members participating via telephonic or other electronic conferencing methods.

(d) (1) The panel shall elect a chair and vice chair. (2) The panel may adopt rules relating to the conduct of its meetings.

(1) The panel shall elect a chair and vice chair.

(2) The panel may adopt rules relating to the conduct of its meetings.

(e) Members shall serve without compensation but may be reimbursed for expenses in accordance with § 25-16-902 , if funds are available.

(f) The Division of Environmental Quality shall provide meeting space and administrative services for the panel.

(g) The panel may: (1) Advise the division and the Arkansas Natural Resources Commission regarding the desirability, design, and operation of nutrient water quality trading programs; and (2) Advise the Arkansas Pollution Control and Ecology Commission and the Arkansas Natural Resources Commission regarding the promulgation of rules involving nutrient water quality trading programs.

(1) Advise the division and the Arkansas Natural Resources Commission regarding the desirability, design, and operation of nutrient water quality trading programs; and

(2) Advise the Arkansas Pollution Control and Ecology Commission and the Arkansas Natural Resources Commission regarding the promulgation of rules involving nutrient water quality trading programs.

(h) The Arkansas Pollution Control and Ecology Commission shall not initiate a rulemaking proceeding to adopt a rule that authorizes or governs nutrient water quality trading unless: (1) The proposed rule has been recommended by the panel; or (2) A copy of the proposed rule has been delivered to the panel at least sixty (60) calendar days before the date the request to initiate the rulemaking is filed with the Arkansas Pollution Control and Ecology Commission.

(1) The proposed rule has been recommended by the panel; or

(2) A copy of the proposed rule has been delivered to the panel at least sixty (60) calendar days before the date the request to initiate the rulemaking is filed with the Arkansas Pollution Control and Ecology Commission.

(i) Subsection (h) of this section does not limit the authority of the Arkansas Pollution Control and Ecology Commission to: (1) Alter a proposed rule at any time during the rulemaking proceeding; or (2) Initiate a rulemaking proceeding if: (A) The members of the panel have not been appointed; or (B) The panel lacks an actively serving quorum.

(1) Alter a proposed rule at any time during the rulemaking proceeding; or

(2) Initiate a rulemaking proceeding if: (A) The members of the panel have not been appointed; or (B) The panel lacks an actively serving quorum.

(A) The members of the panel have not been appointed; or

(B) The panel lacks an actively serving quorum.

Amended by Act 2019, No. 315,§ 486, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 485, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2514, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2513, eff. 7/1/2019.

Added by Act 2015, No. 335,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 8-2-203 — AR Code / Title 8 / Chapter 2 / Subchapter 2 / Section 8-2-203
Definitions
Status: in_force

As used in this subchapter: (1) "Acceptable results" means results within limits determined on the basis of statistical procedures as prescribed by the Division of Environmental Quality; (2) "Accreditation" means the process by which the division recognizes a laboratory as meeting certain predetermined qualifications or standards, thereby accrediting the laboratory; (3) "Analyte" means the characteristics of a laboratory sample determined by an analytical laboratory testing procedure; (4) "Certificate" means a document issued by the division showing the analytes for which a laboratory has received accreditation; (5) (A) "Consulting laboratory" means a laboratory that performs analyses for any person other than itself. (B) "Consulting laboratory" does not include a laboratory that is wholly owned by the person for whom the analyses are performed; (6) "Evaluation" means a review of the quality control and quality assurance procedures, recordkeeping, reporting procedures, methodology, and analytical techniques of a laboratory for measuring or establishing specific analytes; (7) (A) "Laboratory" means any facility that performs analyses to determine the chemical, physical, or biological properties of air, water, solid waste, hazardous waste, wastewater, or soil or subsoil materials or that performs any other analyses related to environmental quality evaluations required by the division or which will be submitted to the division. (B) "Laboratory" does not include evaluations to determine the engineering properties related to soil mechanics; (8) (A) "Matrix" means the components of a sample other than the one (1) or more analyte of interest. (B) "Matrix" includes without limitation nonpotable water, soil, or oil; (9) "Method" means procedures and techniques for performing an activity systematically presented in the order in which the procedures and techniques are to be executed; (10) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, municipal, state, or federal government or agency, or any other legal entity, however organized; and (11) "Proficiency test sample" means a sample of composition that is unknown to the laboratory and is provided to test whether the laboratory can produce analytical results within the specified acceptance criteria. Amended by Act 2019, No. 910,§ 2443, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2442, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2441, eff. 7/1/2019. Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017. Acts 1985, No. 876, § 3; A.S.A. 1947, § 82-1993.2; Acts 1993, No. 322, § 2; 1993, No. 440, § 2; 1999, No. 1164, § 15.

As used in this subchapter:

(1) "Acceptable results" means results within limits determined on the basis of statistical procedures as prescribed by the Division of Environmental Quality;

(2) "Accreditation" means the process by which the division recognizes a laboratory as meeting certain predetermined qualifications or standards, thereby accrediting the laboratory;

(3) "Analyte" means the characteristics of a laboratory sample determined by an analytical laboratory testing procedure;

(4) "Certificate" means a document issued by the division showing the analytes for which a laboratory has received accreditation;

(5) (A) "Consulting laboratory" means a laboratory that performs analyses for any person other than itself. (B) "Consulting laboratory" does not include a laboratory that is wholly owned by the person for whom the analyses are performed;

(A) "Consulting laboratory" means a laboratory that performs analyses for any person other than itself.

(B) "Consulting laboratory" does not include a laboratory that is wholly owned by the person for whom the analyses are performed;

(6) "Evaluation" means a review of the quality control and quality assurance procedures, recordkeeping, reporting procedures, methodology, and analytical techniques of a laboratory for measuring or establishing specific analytes;

(7) (A) "Laboratory" means any facility that performs analyses to determine the chemical, physical, or biological properties of air, water, solid waste, hazardous waste, wastewater, or soil or subsoil materials or that performs any other analyses related to environmental quality evaluations required by the division or which will be submitted to the division. (B) "Laboratory" does not include evaluations to determine the engineering properties related to soil mechanics;

(A) "Laboratory" means any facility that performs analyses to determine the chemical, physical, or biological properties of air, water, solid waste, hazardous waste, wastewater, or soil or subsoil materials or that performs any other analyses related to environmental quality evaluations required by the division or which will be submitted to the division.

(B) "Laboratory" does not include evaluations to determine the engineering properties related to soil mechanics;

(8) (A) "Matrix" means the components of a sample other than the one (1) or more analyte of interest. (B) "Matrix" includes without limitation nonpotable water, soil, or oil;

(A) "Matrix" means the components of a sample other than the one (1) or more analyte of interest.

(B) "Matrix" includes without limitation nonpotable water, soil, or oil;

(9) "Method" means procedures and techniques for performing an activity systematically presented in the order in which the procedures and techniques are to be executed;

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

(11) "Proficiency test sample" means a sample of composition that is unknown to the laboratory and is provided to test whether the laboratory can produce analytical results within the specified acceptance criteria.

Amended by Act 2019, No. 910,§ 2443, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2442, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2441, eff. 7/1/2019.

Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017.

Acts 1985, No. 876, § 3; A.S.A. 1947, § 82-1993.2; Acts 1993, No. 322, § 2; 1993, No. 440, § 2; 1999, No. 1164, § 15.
Ark. Code Ann. § 8-4-302 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-302
Purpose
Status: in_force

It is the purpose of this subchapter to safeguard the air resources of the state by controlling or abating air pollution that exists when this subchapter takes effect and preventing new air pollution under a program which shall be consistent with the declaration of policy stated in § 8-4-301 and with this subchapter. Acts 1949, No. 472, [Part 2], § 2, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1932.

It is the purpose of this subchapter to safeguard the air resources of the state by controlling or abating air pollution that exists when this subchapter takes effect and preventing new air pollution under a program which shall be consistent with the declaration of policy stated in § 8-4-301 and with this subchapter.

Acts 1949, No. 472, [Part 2], § 2, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1932.
Ark. Code Ann. § 8-1-304 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-304
Waiver
Status: in_force

(a) The privilege described in § 8-1-303 does not apply to the extent that: (1) It is waived expressly by the owner or operator of the facility that prepared or caused to be prepared the environmental audit report; (2) The owner or operator of a facility or person conducting an activity seeks to introduce an environmental audit report as evidence; and (3) The owner or operator of a facility authorizes the disclosure of the environmental audit report to any party, except when: (A) Disclosure is made under the terms of a confidentiality agreement between the owner or operator of a facility and: (i) A potential purchaser of the facility; or (ii) A customer, lending institution, or insurance company with an existing or proposed relationship with the facility; (B) Disclosure is made under the terms of a confidentiality agreement between government officials and the owner or operator of a facility; or (C) Disclosure is made to an independent contractor retained by the owner or operator of the facility for the purpose of identifying noncompliance with statutory or regulatory requirements and assisting the owner or operator in achieving compliance with reasonable diligence. (b) The waiver of the privilege described in § 8-1-303 may be for part or all of the environmental audit report, and the waiver of privilege extends only to that part of the environmental audit report expressly waived by the owner or operator of a facility. Acts 1995, No. 350, § 1.

(a) The privilege described in § 8-1-303 does not apply to the extent that: (1) It is waived expressly by the owner or operator of the facility that prepared or caused to be prepared the environmental audit report; (2) The owner or operator of a facility or person conducting an activity seeks to introduce an environmental audit report as evidence; and (3) The owner or operator of a facility authorizes the disclosure of the environmental audit report to any party, except when: (A) Disclosure is made under the terms of a confidentiality agreement between the owner or operator of a facility and: (i) A potential purchaser of the facility; or (ii) A customer, lending institution, or insurance company with an existing or proposed relationship with the facility; (B) Disclosure is made under the terms of a confidentiality agreement between government officials and the owner or operator of a facility; or (C) Disclosure is made to an independent contractor retained by the owner or operator of the facility for the purpose of identifying noncompliance with statutory or regulatory requirements and assisting the owner or operator in achieving compliance with reasonable diligence.

(1) It is waived expressly by the owner or operator of the facility that prepared or caused to be prepared the environmental audit report;

(2) The owner or operator of a facility or person conducting an activity seeks to introduce an environmental audit report as evidence; and

(3) The owner or operator of a facility authorizes the disclosure of the environmental audit report to any party, except when: (A) Disclosure is made under the terms of a confidentiality agreement between the owner or operator of a facility and: (i) A potential purchaser of the facility; or (ii) A customer, lending institution, or insurance company with an existing or proposed relationship with the facility; (B) Disclosure is made under the terms of a confidentiality agreement between government officials and the owner or operator of a facility; or (C) Disclosure is made to an independent contractor retained by the owner or operator of the facility for the purpose of identifying noncompliance with statutory or regulatory requirements and assisting the owner or operator in achieving compliance with reasonable diligence.

(A) Disclosure is made under the terms of a confidentiality agreement between the owner or operator of a facility and: (i) A potential purchaser of the facility; or (ii) A customer, lending institution, or insurance company with an existing or proposed relationship with the facility;

(i) A potential purchaser of the facility; or

(ii) A customer, lending institution, or insurance company with an existing or proposed relationship with the facility;

(B) Disclosure is made under the terms of a confidentiality agreement between government officials and the owner or operator of a facility; or

(C) Disclosure is made to an independent contractor retained by the owner or operator of the facility for the purpose of identifying noncompliance with statutory or regulatory requirements and assisting the owner or operator in achieving compliance with reasonable diligence.

(b) The waiver of the privilege described in § 8-1-303 may be for part or all of the environmental audit report, and the waiver of privilege extends only to that part of the environmental audit report expressly waived by the owner or operator of a facility.

Acts 1995, No. 350, § 1.
Ark. Code Ann. § 8-7-203 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water in whatever manner so that such hazardous waste or any constituent thereof might or might not enter the environment or be emitted into the air or discharged into any waters including groundwaters; (3) "Facility" means any land and appurtenances thereon and thereto used for the treatment, storage, or disposal of hazardous waste; (4) "Generation" means the act or process of producing waste materials; (5) (A) "Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may in the judgment of the Division of Environmental Quality: (i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed. (B) "Hazardous waste" includes, but is not limited to, those which are radioactive, toxic, corrosive, flammable, irritants, or strong sensitizers or those which generate pressure through decomposition, heat, or other means; (6) "Hazardous waste management" means the systematic control of the generation, collection, distribution, marketing, source separation, storage, transportation, processing, recovery, disposal, and treatment of hazardous waste; (7) "Manifest" means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transport; (8) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company, state agency, government instrumentality or agency, institution, county, city, town, or municipal authority or trust, venture, or any other legal entity, however organized; (9) "Site" means any real property located within the boundary of the State of Arkansas contemplated or later acquired for the purpose of, but not limited to, landfills or other facilities to be used for treatment, storage, disposal, or generation of hazardous waste; (10) (A) "Storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of hazardous waste. (B) Storage by means of burial shall be deemed to constitute disposal within the meaning of this subchapter; (11) "Transport" means the movement of wastes from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal; (12) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize the hazardous waste or to render the hazardous waste less hazardous, safer for transport, amenable to recovery, amenable to storage, amenable to disposal, or reduced in volume; and (13) "Treatment facility" means a location at which waste is subjected to treatment and may include a facility where waste has been generated. Amended by Act 2019, No. 910,§ 2709, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2708, eff. 7/1/2019. Acts 1979, No. 406, § 3; A.S.A. 1947, § 82-4203; Acts 1989, No. 643, § 2; 1993, No. 994, § 2; 1997, No. 1219, § 9; 1999, No. 1164, § 90.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Amended by Act 2019, No. 910,§ 2709, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2708, eff. 7/1/2019.

Acts 1979, No. 406, § 3; A.S.A. 1947, § 82-4203; Acts 1989, No. 643, § 2; 1993, No. 994, § 2; 1997, No. 1219, § 9; 1999, No. 1164, § 90.
Ark. Code Ann. § 8-4-232 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-232
Nutrient water quality trading programs - Definition
Status: in_force

(a) As used in this section, "nutrient" means a substance assimilated by an organism that promotes growth and replacement of cellular constituents, including without limitation nitrogen, phosphorus, and carbon. (b) (1) The Arkansas Pollution Control and Ecology Commission may adopt rules that specify requirements, standards, and procedures governing the establishment and implementation of nutrient water quality trading programs, including without limitation program scope, eligibility, and threshold treatment requirements. (2) The nutrient water quality trading programs may include without limitation the following: (A) The establishment and regulation of nutrient water quality trading exchanges; (B) The establishment and regulation of nutrient water quality compliance associations; (C) The authorization and regulation of nutrient water quality trading credits; (D) The authorization and regulation of nutrient water quality offsets; and (E) (i) The establishment of a schedule of user fees to be collected by the Division of Environmental Quality from persons or entities applying for approval of, generating, or utilizing nutrient water quality trades or offsets to comply with permit limits. (ii) The user fees shall be based on a record calculating the reasonable costs to the division of evaluating, implementing, and enforcing each nutrient water quality trading, credit, or offset program. (c) Under rules adopted by the commission under subsection (b) of this section, the division may: (1) Include terms and conditions in any appropriate permit that allow the eligible permit holder to use water quality trading arrangements such as water quality trading credits and water quality offsets as a means for complying with appropriate nutrient effluent limitations or conditions contained in the permit; and (2) Issue permits to eligible compliance associations as a means for multiple eligible permit holders to collectively satisfy their aggregate permit limits for one (1) or more appropriate nutrient water quality parameters. (d) A nutrient water quality trading program or arrangement established under this section shall provide that a decision to participate in the nutrient water quality trading program or arrangement is a matter of voluntary choice on the part of each participant in the nutrient water quality trading program or arrangement. Amended by Act 2019, No. 315,§ 484, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 483, eff. 7/24/2019. Amended by Act 2019, No. 668,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2512, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2511, eff. 7/1/2019. Added by Act 2015, No. 335,§ 2, eff. 7/22/2015.

(a) As used in this section, "nutrient" means a substance assimilated by an organism that promotes growth and replacement of cellular constituents, including without limitation nitrogen, phosphorus, and carbon.

(b) (1) The Arkansas Pollution Control and Ecology Commission may adopt rules that specify requirements, standards, and procedures governing the establishment and implementation of nutrient water quality trading programs, including without limitation program scope, eligibility, and threshold treatment requirements. (2) The nutrient water quality trading programs may include without limitation the following: (A) The establishment and regulation of nutrient water quality trading exchanges; (B) The establishment and regulation of nutrient water quality compliance associations; (C) The authorization and regulation of nutrient water quality trading credits; (D) The authorization and regulation of nutrient water quality offsets; and (E) (i) The establishment of a schedule of user fees to be collected by the Division of Environmental Quality from persons or entities applying for approval of, generating, or utilizing nutrient water quality trades or offsets to comply with permit limits. (ii) The user fees shall be based on a record calculating the reasonable costs to the division of evaluating, implementing, and enforcing each nutrient water quality trading, credit, or offset program.

(1) The Arkansas Pollution Control and Ecology Commission may adopt rules that specify requirements, standards, and procedures governing the establishment and implementation of nutrient water quality trading programs, including without limitation program scope, eligibility, and threshold treatment requirements.

(2) The nutrient water quality trading programs may include without limitation the following: (A) The establishment and regulation of nutrient water quality trading exchanges; (B) The establishment and regulation of nutrient water quality compliance associations; (C) The authorization and regulation of nutrient water quality trading credits; (D) The authorization and regulation of nutrient water quality offsets; and (E) (i) The establishment of a schedule of user fees to be collected by the Division of Environmental Quality from persons or entities applying for approval of, generating, or utilizing nutrient water quality trades or offsets to comply with permit limits. (ii) The user fees shall be based on a record calculating the reasonable costs to the division of evaluating, implementing, and enforcing each nutrient water quality trading, credit, or offset program.

(A) The establishment and regulation of nutrient water quality trading exchanges;

(B) The establishment and regulation of nutrient water quality compliance associations;

(C) The authorization and regulation of nutrient water quality trading credits;

(D) The authorization and regulation of nutrient water quality offsets; and

(E) (i) The establishment of a schedule of user fees to be collected by the Division of Environmental Quality from persons or entities applying for approval of, generating, or utilizing nutrient water quality trades or offsets to comply with permit limits. (ii) The user fees shall be based on a record calculating the reasonable costs to the division of evaluating, implementing, and enforcing each nutrient water quality trading, credit, or offset program.

(i) The establishment of a schedule of user fees to be collected by the Division of Environmental Quality from persons or entities applying for approval of, generating, or utilizing nutrient water quality trades or offsets to comply with permit limits.

(ii) The user fees shall be based on a record calculating the reasonable costs to the division of evaluating, implementing, and enforcing each nutrient water quality trading, credit, or offset program.

(c) Under rules adopted by the commission under subsection (b) of this section, the division may: (1) Include terms and conditions in any appropriate permit that allow the eligible permit holder to use water quality trading arrangements such as water quality trading credits and water quality offsets as a means for complying with appropriate nutrient effluent limitations or conditions contained in the permit; and (2) Issue permits to eligible compliance associations as a means for multiple eligible permit holders to collectively satisfy their aggregate permit limits for one (1) or more appropriate nutrient water quality parameters.

(1) Include terms and conditions in any appropriate permit that allow the eligible permit holder to use water quality trading arrangements such as water quality trading credits and water quality offsets as a means for complying with appropriate nutrient effluent limitations or conditions contained in the permit; and

(2) Issue permits to eligible compliance associations as a means for multiple eligible permit holders to collectively satisfy their aggregate permit limits for one (1) or more appropriate nutrient water quality parameters.

(d) A nutrient water quality trading program or arrangement established under this section shall provide that a decision to participate in the nutrient water quality trading program or arrangement is a matter of voluntary choice on the part of each participant in the nutrient water quality trading program or arrangement.

Amended by Act 2019, No. 315,§ 484, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 483, eff. 7/24/2019.

Amended by Act 2019, No. 668,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2512, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2511, eff. 7/1/2019.

Added by Act 2015, No. 335,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 8-9-808 — AR Code / Title 8 / Chapter 9 / Subchapter 8 / Section 8-9-808
Applicability
Status: in_force

This subchapter applies only to the interim storage and recycling of spent nuclear fuel from commercial nuclear reactors, university nuclear reactors, and other research or government-operated nuclear reactors under this subchapter. Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.

This subchapter applies only to the interim storage and recycling of spent nuclear fuel from commercial nuclear reactors, university nuclear reactors, and other research or government-operated nuclear reactors under this subchapter.

Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 8-1-101 — AR Code / Title 8 / Chapter 1 / Subchapter 1 / Section 8-1-101
Purpose
Status: in_force

(a) It is the purpose of this chapter to authorize the Arkansas Pollution Control and Ecology Commission to establish a system of fees for the issuance of permits required by §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-314 , 8-6-201 - 8-6-212 , 8-6-214 , and 8-9-403 , to defray costs of other services provided and to authorize the Division of Environmental Quality to collect and enforce the fees. (b) The express purpose of these fees shall be to defray the administrative costs of issuance, renewal, inspection, modification, and monitoring associated with these permits and other services provided. Amended by Act 2019, No. 693,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2417, eff. 7/1/2019. Acts 1983, No. 817, § 1; A.S.A. 1947, § 82-1916; Acts 1993, No. 163, § 1; 1993, No. 165, § 1; 1995, No. 509, § 1; 1999, No. 1164, § 3.

(a) It is the purpose of this chapter to authorize the Arkansas Pollution Control and Ecology Commission to establish a system of fees for the issuance of permits required by §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-314 , 8-6-201 - 8-6-212 , 8-6-214 , and 8-9-403 , to defray costs of other services provided and to authorize the Division of Environmental Quality to collect and enforce the fees.

(b) The express purpose of these fees shall be to defray the administrative costs of issuance, renewal, inspection, modification, and monitoring associated with these permits and other services provided.

Amended by Act 2019, No. 693,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2417, eff. 7/1/2019.

Acts 1983, No. 817, § 1; A.S.A. 1947, § 82-1916; Acts 1993, No. 163, § 1; 1993, No. 165, § 1; 1995, No. 509, § 1; 1999, No. 1164, § 3.
Ark. Code Ann. § 8-5-205 — AR Code / Title 8 / Chapter 5 / Subchapter 2 / Section 8-5-205
Powers and duties generally
Status: in_force

(a) The Division of Environmental Quality or its successor shall be charged with the responsibility of administering and enforcing this subchapter, with the advice and assistance of the licensing committee, and is given and charged with the following powers and duties: (1) To conduct examinations for licensing, which shall be conducted at least annually and more frequently as the Arkansas Pollution Control and Ecology Commission shall deem necessary; (2) To issue licenses to qualified wastewater treatment plant operators, to renew those licenses, and to suspend or revoke the licenses for cause, after due notice and hearing; (3) To institute court proceedings to compel compliance with the provisions of this subchapter and the rules issued pursuant thereto; and (4) To participate financially in programs sponsored by the Arkansas Water Works and Water Environment Association, Inc. or its successor, provided that the participation shall not exceed the sum of one thousand dollars ($1,000) per fiscal year. (b) (1) The commission shall serve as the rulemaking and appointment authority for implementation of this subchapter. (2) The commission's powers shall include: (A) To adopt rules implementing and effectuating this subchapter as may be necessary for the administration and enforcement thereof; (B) To make appointments to the committee in accordance with this subchapter; and (C) To set reasonable licensure and examination fees to cover the costs of administration of this subchapter. Amended by Act 2019, No. 315,§ 504, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2559, eff. 7/1/2019. Acts 1971, No. 211, § 3; A.S.A. 1947, § 82-1985; Acts 1993, No. 556, § 2; 1997, No. 1219, § 7; 1999, No. 1164, § 41.

(a) The Division of Environmental Quality or its successor shall be charged with the responsibility of administering and enforcing this subchapter, with the advice and assistance of the licensing committee, and is given and charged with the following powers and duties: (1) To conduct examinations for licensing, which shall be conducted at least annually and more frequently as the Arkansas Pollution Control and Ecology Commission shall deem necessary; (2) To issue licenses to qualified wastewater treatment plant operators, to renew those licenses, and to suspend or revoke the licenses for cause, after due notice and hearing; (3) To institute court proceedings to compel compliance with the provisions of this subchapter and the rules issued pursuant thereto; and (4) To participate financially in programs sponsored by the Arkansas Water Works and Water Environment Association, Inc. or its successor, provided that the participation shall not exceed the sum of one thousand dollars ($1,000) per fiscal year.

(1) To conduct examinations for licensing, which shall be conducted at least annually and more frequently as the Arkansas Pollution Control and Ecology Commission shall deem necessary;

(2) To issue licenses to qualified wastewater treatment plant operators, to renew those licenses, and to suspend or revoke the licenses for cause, after due notice and hearing;

(3) To institute court proceedings to compel compliance with the provisions of this subchapter and the rules issued pursuant thereto; and

(4) To participate financially in programs sponsored by the Arkansas Water Works and Water Environment Association, Inc. or its successor, provided that the participation shall not exceed the sum of one thousand dollars ($1,000) per fiscal year.

(b) (1) The commission shall serve as the rulemaking and appointment authority for implementation of this subchapter. (2) The commission's powers shall include: (A) To adopt rules implementing and effectuating this subchapter as may be necessary for the administration and enforcement thereof; (B) To make appointments to the committee in accordance with this subchapter; and (C) To set reasonable licensure and examination fees to cover the costs of administration of this subchapter.

(1) The commission shall serve as the rulemaking and appointment authority for implementation of this subchapter.

(2) The commission's powers shall include: (A) To adopt rules implementing and effectuating this subchapter as may be necessary for the administration and enforcement thereof; (B) To make appointments to the committee in accordance with this subchapter; and (C) To set reasonable licensure and examination fees to cover the costs of administration of this subchapter.

(A) To adopt rules implementing and effectuating this subchapter as may be necessary for the administration and enforcement thereof;

(B) To make appointments to the committee in accordance with this subchapter; and

(C) To set reasonable licensure and examination fees to cover the costs of administration of this subchapter.

Amended by Act 2019, No. 315,§ 504, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2559, eff. 7/1/2019.

Acts 1971, No. 211, § 3; A.S.A. 1947, § 82-1985; Acts 1993, No. 556, § 2; 1997, No. 1219, § 7; 1999, No. 1164, § 41.
Ark. Code Ann. § 8-7-517 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-517
Punitive damages
Status: in_force

If any person who is liable for a release or threat of release of a hazardous substance fails without sufficient cause to properly provide remedial action or removal action upon order of the Division of Environmental Quality, the person may be liable to the state for punitive damages in an amount equal to three (3) times the amount of any costs incurred by the state as a result of the failure to take proper action. Amended by Act 2019, No. 910,§ 2769, eff. 7/1/2019. Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719; 2005, No. 1824, § 14.

If any person who is liable for a release or threat of release of a hazardous substance fails without sufficient cause to properly provide remedial action or removal action upon order of the Division of Environmental Quality, the person may be liable to the state for punitive damages in an amount equal to three (3) times the amount of any costs incurred by the state as a result of the failure to take proper action.

Amended by Act 2019, No. 910,§ 2769, eff. 7/1/2019.

Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719; 2005, No. 1824, § 14.
Ark. Code Ann. § 8-9-302 — AR Code / Title 8 / Chapter 9 / Subchapter 3 / Section 8-9-302
Plastic container labeling
Status: in_force

(a) (1) Beginning July 1, 1992, a person shall not distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the plastic bottle or rigid plastic container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. (2) The code shall consist of a number placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle shall be equilateral, formed by three (3) arrows, with the apex of each point of the triangle at the midpoint of each arrow rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three (3) arrows curved at their midpoints, shall depict a clockwise path around the code number. (3) The numbers and letters used shall be as follows: (A) PETE (polyethylene terephthalate); (B) HDPE (high-density polyethylene); (C) V (vinyl); (D) LDPE (low-density polyethylene); (E) PP (polypropylene); (F) PS (polystyrene); and (G) OTHER. (b) The Division of Environmental Quality shall maintain a list of the label codes provided pursuant to this section and shall provide a copy of that list to any person upon request. Amended by Act 2019, No. 910,§ 2859, eff. 7/1/2019. Acts 1991, No. 749, § 1.

(a) (1) Beginning July 1, 1992, a person shall not distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the plastic bottle or rigid plastic container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. (2) The code shall consist of a number placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle shall be equilateral, formed by three (3) arrows, with the apex of each point of the triangle at the midpoint of each arrow rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three (3) arrows curved at their midpoints, shall depict a clockwise path around the code number. (3) The numbers and letters used shall be as follows: (A) PETE (polyethylene terephthalate); (B) HDPE (high-density polyethylene); (C) V (vinyl); (D) LDPE (low-density polyethylene); (E) PP (polypropylene); (F) PS (polystyrene); and (G) OTHER.

(1) Beginning July 1, 1992, a person shall not distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the plastic bottle or rigid plastic container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material.

(2) The code shall consist of a number placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle shall be equilateral, formed by three (3) arrows, with the apex of each point of the triangle at the midpoint of each arrow rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three (3) arrows curved at their midpoints, shall depict a clockwise path around the code number.

(3) The numbers and letters used shall be as follows: (A) PETE (polyethylene terephthalate); (B) HDPE (high-density polyethylene); (C) V (vinyl); (D) LDPE (low-density polyethylene); (E) PP (polypropylene); (F) PS (polystyrene); and (G) OTHER.

(A) PETE (polyethylene terephthalate);

(B) HDPE (high-density polyethylene);

(C) V (vinyl);

(D) LDPE (low-density polyethylene);

(E) PP (polypropylene);

(F) PS (polystyrene); and

(G) OTHER.

(b) The Division of Environmental Quality shall maintain a list of the label codes provided pursuant to this section and shall provide a copy of that list to any person upon request.

Amended by Act 2019, No. 910,§ 2859, eff. 7/1/2019.

Acts 1991, No. 749, § 1.
Ark. Code Ann. § 8-3-101 — AR Code / Title 8 / Chapter 3 / Subchapter 1 / Section 8-3-101
Designation of air quality areas
Status: in_force

No area within Arkansas shall be redesignated by the state for the purposes of permitting under the Prevention of Significant Deterioration (PSD) of air quality requirements except by an act of the General Assembly. Acts 1985, No. 237, § 1; A.S.A. 1947, § 82-1941.1; Acts 1999, No. 114, § 1.

No area within Arkansas shall be redesignated by the state for the purposes of permitting under the Prevention of Significant Deterioration (PSD) of air quality requirements except by an act of the General Assembly.

Acts 1985, No. 237, § 1; A.S.A. 1947, § 82-1941.1; Acts 1999, No. 114, § 1.
Ark. Code Ann. § 8-6-612 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-612
[Repealed]
Status: repealed

Repealed by Act 2017, No. 624,§ 2, eff. 8/1/2017. Acts 2007, No. 512, § 2; 2009, No. 189, §§ 3, 4; 2011, No. 602, § 1.

Repealed by Act 2017, No. 624,§ 2, eff. 8/1/2017.

Acts 2007, No. 512, § 2; 2009, No. 189, §§ 3, 4; 2011, No. 602, § 1.
Ark. Code Ann. § 8-9-713 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-713
[Repealed]
Status: repealed

Repealed by Act 2023, No. 676,§ 1, eff. 8/1/2023. Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.

Repealed by Act 2023, No. 676,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 8-7-226 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-226
Fees - Fund established
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall have authority to establish by rule a schedule of fees to recover the costs of processing permit applications and permit renewal proceedings, on-site inspections and monitoring, the certification of personnel to operate hazardous waste treatment, storage, or disposal facilities, and other activities of Division of Environmental Quality personnel which are reasonably necessary to assure that generators and transporters of hazardous waste and hazardous waste management facilities are complying with the provisions of this subchapter and which reasonably should be borne by the transporter, generator, or owner or operator of the hazardous waste management facility. (b) All fees collected pursuant to this section shall be dedicated to enabling the division to receive authorization to administer a hazardous waste management program in Arkansas pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984. (c) The Hazardous Waste Permit Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. All fees collected under the provisions of this section shall be deposited into this fund. (d) The commission is hereby authorized to promulgate such rules as are necessary to administer the fees, rates, tolls, or charges for services established by this section and is directed to prescribe such fees, rates, tolls, or charges for the services delivered by the division or its successor in such manner as may be necessary to support the programs of the division as directed by the Governor and the General Assembly. Amended by Act 2019, No. 315,§ 622, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 621, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2742, eff. 7/1/2019. Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1989, No. 643, § 9; 1991, No. 1235, § 1; 1993, No. 1254, §§ 3, 5; 1997, No. 1219, § 9; 1999, No. 1164, § 93.

(a) The Arkansas Pollution Control and Ecology Commission shall have authority to establish by rule a schedule of fees to recover the costs of processing permit applications and permit renewal proceedings, on-site inspections and monitoring, the certification of personnel to operate hazardous waste treatment, storage, or disposal facilities, and other activities of Division of Environmental Quality personnel which are reasonably necessary to assure that generators and transporters of hazardous waste and hazardous waste management facilities are complying with the provisions of this subchapter and which reasonably should be borne by the transporter, generator, or owner or operator of the hazardous waste management facility.

(b) All fees collected pursuant to this section shall be dedicated to enabling the division to receive authorization to administer a hazardous waste management program in Arkansas pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984.

(c) The Hazardous Waste Permit Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. All fees collected under the provisions of this section shall be deposited into this fund.

(d) The commission is hereby authorized to promulgate such rules as are necessary to administer the fees, rates, tolls, or charges for services established by this section and is directed to prescribe such fees, rates, tolls, or charges for the services delivered by the division or its successor in such manner as may be necessary to support the programs of the division as directed by the Governor and the General Assembly.

Amended by Act 2019, No. 315,§ 622, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 621, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2742, eff. 7/1/2019.

Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1989, No. 643, § 9; 1991, No. 1235, § 1; 1993, No. 1254, §§ 3, 5; 1997, No. 1219, § 9; 1999, No. 1164, § 93.
Ark. Code Ann. § 8-7-1203 — AR Code / Title 8 / Chapter 7 / Subchapter 12 / Section 8-7-1203
Definitions
Status: in_force

As used in this subchapter: (1) "Abandoned" means chemicals which are no longer used and for which there is no planned use; (2) [Repealed.] (3) "Contractor" means a person who provides services for a fee involving the disposal of abandoned pesticides; (4) "Fund" means the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund; (5) "Pesticide" means any substance or mixture of substances intended for prevention, destroying, repelling, or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, and any substance or mixture of substances intended to be used as a spray adjuvant and for other uses; and (6) (A) "Plant regulator" means any substance or mixture of substances intended through physiological action to accelerate or retard the rate of growth of maturation or to otherwise alter the behavior of plants or the produce thereof. (B) "Plant regulator" does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculates, or soil amendments. Amended by Act 2023, No. 691,§ 49, eff. 7/1/2023. Acts 1999, No. 1174, § 1; 2001, No. 1130, § 2.

As used in this subchapter:

(1) "Abandoned" means chemicals which are no longer used and for which there is no planned use;

(2) [Repealed.]

(3) "Contractor" means a person who provides services for a fee involving the disposal of abandoned pesticides;

(4) "Fund" means the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund;

(5) "Pesticide" means any substance or mixture of substances intended for prevention, destroying, repelling, or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, and any substance or mixture of substances intended to be used as a spray adjuvant and for other uses; and

(6) (A) "Plant regulator" means any substance or mixture of substances intended through physiological action to accelerate or retard the rate of growth of maturation or to otherwise alter the behavior of plants or the produce thereof. (B) "Plant regulator" does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculates, or soil amendments.

(A) "Plant regulator" means any substance or mixture of substances intended through physiological action to accelerate or retard the rate of growth of maturation or to otherwise alter the behavior of plants or the produce thereof.

(B) "Plant regulator" does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculates, or soil amendments.

Amended by Act 2023, No. 691,§ 49, eff. 7/1/2023.

Acts 1999, No. 1174, § 1; 2001, No. 1130, § 2.
Ark. Code Ann. § 8-5-611 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-611
Tax exemption
Status: in_force

No income, sales, use, ad valorem, or other tax, assessment, or license shall be levied upon or collected with respect to any property which is held by or purchased by a private owner or operator for the public purpose of performing a privatization contract or a service agreement, since the property benefits the public. Acts 1985, No. 690, § 7; A.S.A. 1947, § 82-1992.6.

No income, sales, use, ad valorem, or other tax, assessment, or license shall be levied upon or collected with respect to any property which is held by or purchased by a private owner or operator for the public purpose of performing a privatization contract or a service agreement, since the property benefits the public.

Acts 1985, No. 690, § 7; A.S.A. 1947, § 82-1992.6.
Ark. Code Ann. § 8-7-1204 — AR Code / Title 8 / Chapter 7 / Subchapter 12 / Section 8-7-1204
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 50, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 43, eff. 7/1/2019. Acts 1999, No. 1174, § 1; 2001, No. 1130, § 3.

Repealed by Act 2023, No. 691,§ 50, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 43, eff. 7/1/2019.

Acts 1999, No. 1174, § 1; 2001, No. 1130, § 3.
Ark. Code Ann. § 8-4-224 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-224
Appeals - Parties
Status: in_force

(a) (1) The appellant, the Arkansas Pollution Control and Ecology Commission, and the owner or operator of the business, industry, municipality, or thing involved, if applicable, shall in all cases be the original parties to an appeal. (2) The state, through the Attorney General or any other person affected, may become a party by intervention as in a civil action, upon showing cause therefor. (3) The Attorney General shall represent the commission, if requested, upon all these appeals, unless he or she appeals or intervenes in behalf of the state. (b) No bond or deposit for costs shall be required of the state or of the commission upon any such appeal or upon any subsequent appeal to the Supreme Court or other court proceedings pertaining to the matter. Amended by Act 2013, No. 1021,§ 4, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.

(a) (1) The appellant, the Arkansas Pollution Control and Ecology Commission, and the owner or operator of the business, industry, municipality, or thing involved, if applicable, shall in all cases be the original parties to an appeal. (2) The state, through the Attorney General or any other person affected, may become a party by intervention as in a civil action, upon showing cause therefor. (3) The Attorney General shall represent the commission, if requested, upon all these appeals, unless he or she appeals or intervenes in behalf of the state.

(1) The appellant, the Arkansas Pollution Control and Ecology Commission, and the owner or operator of the business, industry, municipality, or thing involved, if applicable, shall in all cases be the original parties to an appeal.

(2) The state, through the Attorney General or any other person affected, may become a party by intervention as in a civil action, upon showing cause therefor.

(3) The Attorney General shall represent the commission, if requested, upon all these appeals, unless he or she appeals or intervenes in behalf of the state.

(b) No bond or deposit for costs shall be required of the state or of the commission upon any such appeal or upon any subsequent appeal to the Supreme Court or other court proceedings pertaining to the matter.

Amended by Act 2013, No. 1021,§ 4, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Ark. Code Ann. § 8-6-307 — AR Code / Title 8 / Chapter 6 / Subchapter 3 / Section 8-6-307
Transfer of funds - Exemption
Status: in_force

(a) The moneys saved from Acts 1985, No. 994, which reduced contributions made by the state for state employees who are employed by a state agency funded, in whole or in part, with general revenues, shall be set aside and implemented by the Chief Fiscal Officer of the State and the Treasurer of State in the amount and in accordance with procedures set forth in this section. (b) (1) Beginning the month after the month in which such reductions in retirement contributions occur, the Chief Fiscal Officer of the State shall determine the amount of the general revenue savings, by fund or fund account, based upon the previous month's payroll deductions for retirement contributions to the Arkansas Public Employees' Retirement System. (2) During each fiscal year, the Chief Fiscal Officer of the State shall cause to be transferred on his or her books and those of the Treasurer of State the amount of the monthly general revenue savings from each affected fund or fund account to the Revenue Holding Fund Account before the close of business on the last day of each month until an aggregate of five million dollars ($5,000,000) of general revenue savings during each fiscal year has been transferred to the Revenue Holding Fund Account from those sources, and monthly transfers of the general revenue savings to the Revenue Holding Fund Account shall cease for the remainder of that fiscal year. (c) The Treasurer of State shall, after providing for the distribution of general revenues available for distribution, transfer the total amount of such general revenue savings as certified to the Treasurer of State by the Chief Fiscal Officer of the State from the Revenue Holding Fund Account to the County Solid Waste Management System Aid Fund, to be used to make monthly distributions therefrom in the manner provided by law to the respective counties of this state to be used for the support of the county solid waste management system as provided in this subchapter. (d) The Division of Correction is exempt from the provisions of this section. Amended by Act 2019, No. 910,§ 688, eff. 7/1/2019. Acts 1985, No. 986, § 4; 1985 (1st Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 13-567; Acts 1987, No. 551, § 4.

(a) The moneys saved from Acts 1985, No. 994, which reduced contributions made by the state for state employees who are employed by a state agency funded, in whole or in part, with general revenues, shall be set aside and implemented by the Chief Fiscal Officer of the State and the Treasurer of State in the amount and in accordance with procedures set forth in this section.

(b) (1) Beginning the month after the month in which such reductions in retirement contributions occur, the Chief Fiscal Officer of the State shall determine the amount of the general revenue savings, by fund or fund account, based upon the previous month's payroll deductions for retirement contributions to the Arkansas Public Employees' Retirement System. (2) During each fiscal year, the Chief Fiscal Officer of the State shall cause to be transferred on his or her books and those of the Treasurer of State the amount of the monthly general revenue savings from each affected fund or fund account to the Revenue Holding Fund Account before the close of business on the last day of each month until an aggregate of five million dollars ($5,000,000) of general revenue savings during each fiscal year has been transferred to the Revenue Holding Fund Account from those sources, and monthly transfers of the general revenue savings to the Revenue Holding Fund Account shall cease for the remainder of that fiscal year.

(1) Beginning the month after the month in which such reductions in retirement contributions occur, the Chief Fiscal Officer of the State shall determine the amount of the general revenue savings, by fund or fund account, based upon the previous month's payroll deductions for retirement contributions to the Arkansas Public Employees' Retirement System.

(2) During each fiscal year, the Chief Fiscal Officer of the State shall cause to be transferred on his or her books and those of the Treasurer of State the amount of the monthly general revenue savings from each affected fund or fund account to the Revenue Holding Fund Account before the close of business on the last day of each month until an aggregate of five million dollars ($5,000,000) of general revenue savings during each fiscal year has been transferred to the Revenue Holding Fund Account from those sources, and monthly transfers of the general revenue savings to the Revenue Holding Fund Account shall cease for the remainder of that fiscal year.

(c) The Treasurer of State shall, after providing for the distribution of general revenues available for distribution, transfer the total amount of such general revenue savings as certified to the Treasurer of State by the Chief Fiscal Officer of the State from the Revenue Holding Fund Account to the County Solid Waste Management System Aid Fund, to be used to make monthly distributions therefrom in the manner provided by law to the respective counties of this state to be used for the support of the county solid waste management system as provided in this subchapter.

(d) The Division of Correction is exempt from the provisions of this section.

Amended by Act 2019, No. 910,§ 688, eff. 7/1/2019.

Acts 1985, No. 986, § 4; 1985 (1st Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 13-567; Acts 1987, No. 551, § 4.
Ark. Code Ann. § 8-6-803 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-803
Pledge of rents, fees, and charges
Status: in_force

A regional solid waste management board may pledge any rents, fees, and charges imposed by the board to secure the repayment of bonds issued to finance projects, as provided for in this subchapter. Acts 1991, No. 752, § 4.

A regional solid waste management board may pledge any rents, fees, and charges imposed by the board to secure the repayment of bonds issued to finance projects, as provided for in this subchapter.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-7-1403 — AR Code / Title 8 / Chapter 7 / Subchapter 14 / Section 8-7-1403
Reporting of properties contaminated through the manufacture of controlled substances
Status: in_force

(a) If a private property owner finds an abandoned laboratory for the manufacture of controlled substances on his or her property and there has been no active on-site law enforcement involvement, the private property owner shall notify local law enforcement for proper removal of contaminated material. (b) (1) If a property owner finds or becomes aware of evidence of a laboratory for the manufacture of controlled substances on his or her property, the property owner shall have the property inspected in accordance with the guidelines established by the Division of Environmental Quality under this subchapter by a contractor certified by the division under § 8-7-1402 . (2) If the contractor selected by the property owner under subdivision (b)(1) of this section verifies that a laboratory for the manufacture of controlled substances has been on the property, the contractor shall notify the division, and the division shall place the property on the contaminated properties list required under § 8-7-1404 . Amended by Act 2019, No. 910,§ 2843, eff. 7/1/2019. Acts 2007, No. 864, § 1.

(a) If a private property owner finds an abandoned laboratory for the manufacture of controlled substances on his or her property and there has been no active on-site law enforcement involvement, the private property owner shall notify local law enforcement for proper removal of contaminated material.

(b) (1) If a property owner finds or becomes aware of evidence of a laboratory for the manufacture of controlled substances on his or her property, the property owner shall have the property inspected in accordance with the guidelines established by the Division of Environmental Quality under this subchapter by a contractor certified by the division under § 8-7-1402 . (2) If the contractor selected by the property owner under subdivision (b)(1) of this section verifies that a laboratory for the manufacture of controlled substances has been on the property, the contractor shall notify the division, and the division shall place the property on the contaminated properties list required under § 8-7-1404 .

(1) If a property owner finds or becomes aware of evidence of a laboratory for the manufacture of controlled substances on his or her property, the property owner shall have the property inspected in accordance with the guidelines established by the Division of Environmental Quality under this subchapter by a contractor certified by the division under § 8-7-1402 .

(2) If the contractor selected by the property owner under subdivision (b)(1) of this section verifies that a laboratory for the manufacture of controlled substances has been on the property, the contractor shall notify the division, and the division shall place the property on the contaminated properties list required under § 8-7-1404 .

Amended by Act 2019, No. 910,§ 2843, eff. 7/1/2019.

Acts 2007, No. 864, § 1.
Ark. Code Ann. § 8-6-415 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-415
Sale of junk motor vehicles and discarded items
Status: in_force

(a) If a junk motor vehicle is not reclaimed as provided for in § 8-6-414 , the enforcement agency in possession of the junk motor vehicle shall sell it either at a public auction or to a salvage yard or demolisher. The purchaser of the junk motor vehicle shall take title to the junk motor vehicle free and clear of all liens and claims of ownership and shall receive a sales receipt from the enforcement agency which disposed of the junk motor vehicle. The sales receipt at the sale shall be sufficient title only for purposes of transferring the junk motor vehicle to a salvage yard or to a demolisher for demolition, wrecking, or dismantling. No further titling of the junk motor vehicle shall be necessary by either the purchaser at the auction, the salvage yard, or the demolisher, who shall be exempt from the payment of any fees and taxes. (b) When an enforcement agency has in its custody and possession old vehicle tires or inoperative or discarded household appliances collected in accordance with § 8-6-413 , it shall sell property, from time to time, at public auction or to a salvage yard or demolisher. Acts 1977, No. 883, § 14; A.S.A. 1947, § 82-3914.

(a) If a junk motor vehicle is not reclaimed as provided for in § 8-6-414 , the enforcement agency in possession of the junk motor vehicle shall sell it either at a public auction or to a salvage yard or demolisher. The purchaser of the junk motor vehicle shall take title to the junk motor vehicle free and clear of all liens and claims of ownership and shall receive a sales receipt from the enforcement agency which disposed of the junk motor vehicle. The sales receipt at the sale shall be sufficient title only for purposes of transferring the junk motor vehicle to a salvage yard or to a demolisher for demolition, wrecking, or dismantling. No further titling of the junk motor vehicle shall be necessary by either the purchaser at the auction, the salvage yard, or the demolisher, who shall be exempt from the payment of any fees and taxes.

(b) When an enforcement agency has in its custody and possession old vehicle tires or inoperative or discarded household appliances collected in accordance with § 8-6-413 , it shall sell property, from time to time, at public auction or to a salvage yard or demolisher.

Acts 1977, No. 883, § 14; A.S.A. 1947, § 82-3914.
Ark. Code Ann. § 8-7-309 — AR Code / Title 8 / Chapter 7 / Subchapter 3 / Section 8-7-309
Appeals
Status: in_force

Appeal of the Arkansas Pollution Control and Ecology Commission's decision may be taken in accordance with the appellate procedure specified in §§ 8-4-222 - 8-4-229 . Acts 1979, No. 1098, § 7; 1985, No. 922, § 5; A.S.A. 1947, § 82-4223.

Appeal of the Arkansas Pollution Control and Ecology Commission's decision may be taken in accordance with the appellate procedure specified in §§ 8-4-222 - 8-4-229 .

Acts 1979, No. 1098, § 7; 1985, No. 922, § 5; A.S.A. 1947, § 82-4223.
Ark. Code Ann. § 8-5-208 — AR Code / Title 8 / Chapter 5 / Subchapter 2 / Section 8-5-208
License requirements
Status: in_force

(a) The Division of Environmental Quality shall license and certify all applicants for licenses under this subchapter who satisfy the requirements of this subchapter and the rules issued pursuant to this subchapter. Licenses shall be granted according to the classification of wastewater treatment plants established under this subchapter. Licenses shall be valid for a period of two (2) years and shall be renewable upon application without examination. (b) All operators of wastewater treatment plants within the state shall apply to the division for a license. (c) In its discretion, the division may waive the requirements or any part of the requirements for formal examination of an applicant for license if the applicant holds a valid license or certificate from another state in which the requirements for license in the appropriate classification are at least equal to the requirements set forth in this subchapter and the rules issued pursuant to this subchapter. Amended by Act 2019, No. 315,§ 508, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 507, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2562, eff. 7/1/2019. Acts 1971, No. 211, § 4; A.S.A. 1947, § 82-1986; Acts 1997, No. 1219, § 7; 2005, No. 729, § 2; 2007, No. 544, § 1.

(a) The Division of Environmental Quality shall license and certify all applicants for licenses under this subchapter who satisfy the requirements of this subchapter and the rules issued pursuant to this subchapter. Licenses shall be granted according to the classification of wastewater treatment plants established under this subchapter. Licenses shall be valid for a period of two (2) years and shall be renewable upon application without examination.

(b) All operators of wastewater treatment plants within the state shall apply to the division for a license.

(c) In its discretion, the division may waive the requirements or any part of the requirements for formal examination of an applicant for license if the applicant holds a valid license or certificate from another state in which the requirements for license in the appropriate classification are at least equal to the requirements set forth in this subchapter and the rules issued pursuant to this subchapter.

Amended by Act 2019, No. 315,§ 508, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 507, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2562, eff. 7/1/2019.

Acts 1971, No. 211, § 4; A.S.A. 1947, § 82-1986; Acts 1997, No. 1219, § 7; 2005, No. 729, § 2; 2007, No. 544, § 1.
Ark. Code Ann. § 8-7-805 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-805
License requirement
Status: in_force

(a) It shall be unlawful for an individual to certify the installation or testing of an underground storage tank unless the individual has been duly licensed by the Division of Environmental Quality. (b) (1) Furthermore, no licensee shall install, remove, repair, close, upgrade, or test any underground storage tank unless the licensee or the contracting company by whom he or she is employed has purchased a surety bond, letter of credit, or cash bond: (A) In the amount of at least twenty-five thousand dollars ($25,000); and (B) Which provides that the division is the obligee or payee of the instrument and otherwise complies with the rules promulgated under this subchapter. (2) The surety bond shall be issued by a company authorized to do business in the State of Arkansas and executed by an Arkansas agent. (c) Licensees whose installation or testing activities are limited to their own or their employers' companies' underground storage tanks are exempt from the requirement to meet the financial responsibility requirements provided by this section. (d) In the event the licensee or contracting company fails to properly install, remove, repair, close, upgrade, or test any underground storage tank pursuant to state law or rule, the Director of the Division of Environmental Quality shall commence proceedings to collect on the surety bond, letter of credit, or cash bond on which the division is the obligee or payee. Amended by Act 2019, No. 315,§ 649, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 648, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2790, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2789, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2788, eff. 7/1/2019. Acts 1989, No. 172, § 5; 1991, No. 1186, § 1; 1993, No. 1019, § 1; 1999, No. 601, § 1; 1999, No. 1164, § 106; 2003, No. 1203, § 1; 2005, No. 193, §§ 1, 2.

(a) It shall be unlawful for an individual to certify the installation or testing of an underground storage tank unless the individual has been duly licensed by the Division of Environmental Quality.

(b) (1) Furthermore, no licensee shall install, remove, repair, close, upgrade, or test any underground storage tank unless the licensee or the contracting company by whom he or she is employed has purchased a surety bond, letter of credit, or cash bond: (A) In the amount of at least twenty-five thousand dollars ($25,000); and (B) Which provides that the division is the obligee or payee of the instrument and otherwise complies with the rules promulgated under this subchapter. (2) The surety bond shall be issued by a company authorized to do business in the State of Arkansas and executed by an Arkansas agent.

(1) Furthermore, no licensee shall install, remove, repair, close, upgrade, or test any underground storage tank unless the licensee or the contracting company by whom he or she is employed has purchased a surety bond, letter of credit, or cash bond: (A) In the amount of at least twenty-five thousand dollars ($25,000); and (B) Which provides that the division is the obligee or payee of the instrument and otherwise complies with the rules promulgated under this subchapter.

(A) In the amount of at least twenty-five thousand dollars ($25,000); and

(B) Which provides that the division is the obligee or payee of the instrument and otherwise complies with the rules promulgated under this subchapter.

(2) The surety bond shall be issued by a company authorized to do business in the State of Arkansas and executed by an Arkansas agent.

(c) Licensees whose installation or testing activities are limited to their own or their employers' companies' underground storage tanks are exempt from the requirement to meet the financial responsibility requirements provided by this section.

(d) In the event the licensee or contracting company fails to properly install, remove, repair, close, upgrade, or test any underground storage tank pursuant to state law or rule, the Director of the Division of Environmental Quality shall commence proceedings to collect on the surety bond, letter of credit, or cash bond on which the division is the obligee or payee.

Amended by Act 2019, No. 315,§ 649, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 648, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2790, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2789, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2788, eff. 7/1/2019.

Acts 1989, No. 172, § 5; 1991, No. 1186, § 1; 1993, No. 1019, § 1; 1999, No. 601, § 1; 1999, No. 1164, § 106; 2003, No. 1203, § 1; 2005, No. 193, §§ 1, 2.
Ark. Code Ann. § 8-15-101 — AR Code / Title 8 / Chapter 15 / Section 8-15-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Property Assessed Clean Energy Act". Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

This chapter shall be known and may be cited as the "Property Assessed Clean Energy Act".

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-9-802 — AR Code / Title 8 / Chapter 9 / Subchapter 8 / Section 8-9-802
Legislative findings
Status: in_force

The General Assembly finds that: (1) In August 2016, the Argonne National Laboratory hosted a delegation from Arkansas, including staff from the Arkansas Economic Development Commission; (2) In January 2017, the Arkansas Alternative Energy Commission issued a recommendation to the Governor to support the University of Arkansas and the United States Department of Energy national laboratories to prepare and make recommendations and to offer options on using existing technology to convert spent nuclear fuel rods into new nuclear fuel; (3) In August 2017, the Joint Committee on Energy held hearings on advanced nuclear technology to reprocess spent nuclear fuel rods and unanimously approved an interim study resolution on the matter; and (4) In November 2018, the Joint Committee on Energy held a meeting at Arkansas Nuclear One and further discussed the issues under subdivisions (1)-(3) of this section, including without limitation that the: (A) University of Arkansas system, in conjunction with other institutions of higher education, can and is willing to provide a detailed analysis examining the benefits of "New Nuclear" compared to the risks of continued storage of spent fuel at Arkansas Nuclear One; (B) Fast reactor technology and electrochemical spent fuel reprocessing are ready for commercial development; and (C) The Department of Health and the Department of Energy and Environment support the application for federal funding for the establishment of an education, risk analysis, and optimization design program; (5) Acts 2021, No. 1092, required the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor to jointly conduct a study on the commercial application of existing technology to reclaim and repurpose spent nuclear fuel rods; and (6) It is appropriate to build upon the study conducted under Acts 2021, No. 1092, and to study the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel at locations in Arkansas. Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.

The General Assembly finds that:

(1) In August 2016, the Argonne National Laboratory hosted a delegation from Arkansas, including staff from the Arkansas Economic Development Commission;

(2) In January 2017, the Arkansas Alternative Energy Commission issued a recommendation to the Governor to support the University of Arkansas and the United States Department of Energy national laboratories to prepare and make recommendations and to offer options on using existing technology to convert spent nuclear fuel rods into new nuclear fuel;

(3) In August 2017, the Joint Committee on Energy held hearings on advanced nuclear technology to reprocess spent nuclear fuel rods and unanimously approved an interim study resolution on the matter; and

(4) In November 2018, the Joint Committee on Energy held a meeting at Arkansas Nuclear One and further discussed the issues under subdivisions (1)-(3) of this section, including without limitation that the: (A) University of Arkansas system, in conjunction with other institutions of higher education, can and is willing to provide a detailed analysis examining the benefits of "New Nuclear" compared to the risks of continued storage of spent fuel at Arkansas Nuclear One; (B) Fast reactor technology and electrochemical spent fuel reprocessing are ready for commercial development; and (C) The Department of Health and the Department of Energy and Environment support the application for federal funding for the establishment of an education, risk analysis, and optimization design program;

(A) University of Arkansas system, in conjunction with other institutions of higher education, can and is willing to provide a detailed analysis examining the benefits of "New Nuclear" compared to the risks of continued storage of spent fuel at Arkansas Nuclear One;

(B) Fast reactor technology and electrochemical spent fuel reprocessing are ready for commercial development; and

(C) The Department of Health and the Department of Energy and Environment support the application for federal funding for the establishment of an education, risk analysis, and optimization design program;

(5) Acts 2021, No. 1092, required the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor to jointly conduct a study on the commercial application of existing technology to reclaim and repurpose spent nuclear fuel rods; and

(6) It is appropriate to build upon the study conducted under Acts 2021, No. 1092, and to study the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel at locations in Arkansas.

Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 8-5-901 — AR Code / Title 8 / Chapter 5 / Subchapter 9 / Section 8-5-901
Legislative findings and intent
Status: in_force

The General Assembly hereby finds that many areas of the state would benefit from long-term environmental remediation projects that significantly improve the effects caused by industrial or extractive activities. However, commitments by private enterprise to remedy such damages are discouraged by the prospect of civil liability based upon rigid application of state water quality standards to the enterprise's activities. The purpose of this subchapter is to preserve the state's approach to establishing water quality standards, while also encouraging private enterprises to make significant improvements to closed or abandoned sites that are of such magnitude that more than three (3) years would be required to complete the project. Acts 1997, No. 401, § 1.

The General Assembly hereby finds that many areas of the state would benefit from long-term environmental remediation projects that significantly improve the effects caused by industrial or extractive activities. However, commitments by private enterprise to remedy such damages are discouraged by the prospect of civil liability based upon rigid application of state water quality standards to the enterprise's activities. The purpose of this subchapter is to preserve the state's approach to establishing water quality standards, while also encouraging private enterprises to make significant improvements to closed or abandoned sites that are of such magnitude that more than three (3) years would be required to complete the project.

Acts 1997, No. 401, § 1.
Ark. Code Ann. § 8-7-1205 — AR Code / Title 8 / Chapter 7 / Subchapter 12 / Section 8-7-1205
Powers and duties of the Department of Agriculture
Status: in_force

The Department of Agriculture shall have the following powers and duties: (1) To identify any abandoned pesticides which shall be excluded from the collection and disposal program; (2) To advise and make recommendations to the State Plant Board regarding projects for collecting and disposing of abandoned pesticides; (3) To advise and make recommendations to the State Plant Board on the issuance of requests for proposals from contractors; (4) To review and evaluate proposals for the collection and disposal of abandoned pesticides; (5) To select proposals for the collection and disposal of abandoned pesticides to be implemented; and (6) To approve payments from the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund for collection and disposal projects. Amended by Act 2023, No. 691,§ 51, eff. 7/1/2023. Acts 1999, No. 1174, § 1; 2001, No. 1130, § 4.

The Department of Agriculture shall have the following powers and duties:

(1) To identify any abandoned pesticides which shall be excluded from the collection and disposal program;

(2) To advise and make recommendations to the State Plant Board regarding projects for collecting and disposing of abandoned pesticides;

(3) To advise and make recommendations to the State Plant Board on the issuance of requests for proposals from contractors;

(4) To review and evaluate proposals for the collection and disposal of abandoned pesticides;

(5) To select proposals for the collection and disposal of abandoned pesticides to be implemented; and

(6) To approve payments from the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund for collection and disposal projects.

Amended by Act 2023, No. 691,§ 51, eff. 7/1/2023.

Acts 1999, No. 1174, § 1; 2001, No. 1130, § 4.
Ark. Code Ann. § 8-13-101 — AR Code / Title 8 / Chapter 13 / Section 8-13-101
Purpose
Status: in_force

It is recognized that: (1) The improvement of the environment and the management of environmental concerns within the State of Arkansas are matters of interest to all citizens of this state; (2) Environmental protection and improvement could be enhanced by authorizing the Director of the Division of Environmental Quality to design and establish a management organization which incorporates specific goals for environmental protection and uses environmental indicators to measure agency performance; and (3) The director should execute a management process which: (A) Creates an integrated agency information system; (B) Organizes the Division of Environmental Quality according to business function; (C) Utilizes environmental indicators to measure progress in protecting and enhancing the environment; (D) Employs a collaborative public involvement process to define the environmental indicators to be used to measure environmental enhancement; and (E) Establishes a performance-based financial management system that links the funding of agency activities to environmental results. Amended by Act 2019, No. 910,§ 3019, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3018, eff. 7/1/2019. Acts 1999, No. 1316, § 1.

It is recognized that:

(1) The improvement of the environment and the management of environmental concerns within the State of Arkansas are matters of interest to all citizens of this state;

(2) Environmental protection and improvement could be enhanced by authorizing the Director of the Division of Environmental Quality to design and establish a management organization which incorporates specific goals for environmental protection and uses environmental indicators to measure agency performance; and

(3) The director should execute a management process which: (A) Creates an integrated agency information system; (B) Organizes the Division of Environmental Quality according to business function; (C) Utilizes environmental indicators to measure progress in protecting and enhancing the environment; (D) Employs a collaborative public involvement process to define the environmental indicators to be used to measure environmental enhancement; and (E) Establishes a performance-based financial management system that links the funding of agency activities to environmental results.

(A) Creates an integrated agency information system;

(B) Organizes the Division of Environmental Quality according to business function;

(C) Utilizes environmental indicators to measure progress in protecting and enhancing the environment;

(D) Employs a collaborative public involvement process to define the environmental indicators to be used to measure environmental enhancement; and

(E) Establishes a performance-based financial management system that links the funding of agency activities to environmental results.

Amended by Act 2019, No. 910,§ 3019, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3018, eff. 7/1/2019.

Acts 1999, No. 1316, § 1.
Ark. Code Ann. § 8-6-2001 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Environmental Compliance Resource Act". Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Environmental Compliance Resource Act".

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-7-1001 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1001
Title
Status: in_force

The provisions of this subchapter shall be known and may be cited as the "Public Employees' Chemical Right to Know Act". Acts 1991, No. 556, § 1; 1991, No. 1172, § 1.

The provisions of this subchapter shall be known and may be cited as the "Public Employees' Chemical Right to Know Act".

Acts 1991, No. 556, § 1; 1991, No. 1172, § 1.
Ark. Code Ann. § 8-9-411 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-411
Tire transporters - Licenses
Status: in_force

(a) A tire transporter shall meet the following requirements to perform or be compensated for any duties under this subchapter related to the administration and operation of a used tire program: (1) Obtain for each vehicle a license; (2) Obtain for each vehicle a tire transporter number provided by the Division of Environmental Quality used for the electronic uniform used tire manifest system; (3) Provide proof that each vehicle has passed an annual safety inspection; (4) Provide proof of financial responsibility for each vehicle and authorized driver; (5) Provide a bond in the amount of ten thousand dollars ($10,000); (6) Establish that each authorized driver has completed training for the electronic uniform used tire manifest system; and (7) Pay a fee of fifty dollars ($50.00) for each vehicle that is licensed. (b) For each tire transporter licensed under this section, the division shall assign a tire transporter number and include the tire transporter information in the electronic uniform used tire manifest system. (c) (1) If a tire transporter is found to have not complied with this subchapter, the tire transporter's license shall be suspended for three (3) months. (2) If the license of a tire transporter is suspended more than one (1) time in three (3) years, the tire transporter's license shall be revoked and the tire transporter is ineligible for a tire transporter license for three (3) years. Amended by Act 2019, No. 693,§ 42, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2888, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2887, eff. 7/1/2019. Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.

(a) A tire transporter shall meet the following requirements to perform or be compensated for any duties under this subchapter related to the administration and operation of a used tire program: (1) Obtain for each vehicle a license; (2) Obtain for each vehicle a tire transporter number provided by the Division of Environmental Quality used for the electronic uniform used tire manifest system; (3) Provide proof that each vehicle has passed an annual safety inspection; (4) Provide proof of financial responsibility for each vehicle and authorized driver; (5) Provide a bond in the amount of ten thousand dollars ($10,000); (6) Establish that each authorized driver has completed training for the electronic uniform used tire manifest system; and (7) Pay a fee of fifty dollars ($50.00) for each vehicle that is licensed.

(1) Obtain for each vehicle a license;

(2) Obtain for each vehicle a tire transporter number provided by the Division of Environmental Quality used for the electronic uniform used tire manifest system;

(3) Provide proof that each vehicle has passed an annual safety inspection;

(4) Provide proof of financial responsibility for each vehicle and authorized driver;

(5) Provide a bond in the amount of ten thousand dollars ($10,000);

(6) Establish that each authorized driver has completed training for the electronic uniform used tire manifest system; and

(7) Pay a fee of fifty dollars ($50.00) for each vehicle that is licensed.

(b) For each tire transporter licensed under this section, the division shall assign a tire transporter number and include the tire transporter information in the electronic uniform used tire manifest system.

(c) (1) If a tire transporter is found to have not complied with this subchapter, the tire transporter's license shall be suspended for three (3) months. (2) If the license of a tire transporter is suspended more than one (1) time in three (3) years, the tire transporter's license shall be revoked and the tire transporter is ineligible for a tire transporter license for three (3) years.

(1) If a tire transporter is found to have not complied with this subchapter, the tire transporter's license shall be suspended for three (3) months.

(2) If the license of a tire transporter is suspended more than one (1) time in three (3) years, the tire transporter's license shall be revoked and the tire transporter is ineligible for a tire transporter license for three (3) years.

Amended by Act 2019, No. 693,§ 42, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2888, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2887, eff. 7/1/2019.

Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-4-225 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-225
Appeals - Venue
Status: in_force

Except as provided in § 8-4-223(d) , upon written consent of the parties or for cause shown after hearing upon notice to all parties, the venue of an appeal may be changed by order of the circuit court to the circuit court of a county in which the order, rule, or decision appealed from would take effect. Amended by Act 2019, No. 315,§ 478, eff. 7/24/2019. Amended by Act 2013, No. 1021,§ 5, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.

Except as provided in § 8-4-223(d) , upon written consent of the parties or for cause shown after hearing upon notice to all parties, the venue of an appeal may be changed by order of the circuit court to the circuit court of a county in which the order, rule, or decision appealed from would take effect.

Amended by Act 2019, No. 315,§ 478, eff. 7/24/2019.

Amended by Act 2013, No. 1021,§ 5, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Ark. Code Ann. § 8-7-1013 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1013
Complaints and investigations
Status: in_force

(a) Complaints received orally or in writing from public employees, their designated representatives, or public employers related to alleged violations of this subchapter shall be investigated in a timely manner by the Director of the Division of Labor. (b) Officers or duly designated representatives of the director shall have the right of entry into any workplace or work area of a public employer during normal business hours to inspect and investigate complaints within reasonable limits and in a reasonable manner. (c) The director shall have the same powers, duties, and authority to administer and enforce the provisions of this subchapter as are contained in §§ 11-2-108 , 11-2-115 , 11-2-116 , and 11-2-118 . Provided, however, that if there is a conflict between the provisions of this subchapter and the provisions of §§ 11-2-108 , 11-2-115 , 11-2-116 , and 11-2-118 , the provisions of this subchapter shall prevail. Amended by Act 2019, No. 910,§ 5276, eff. 7/1/2019. Acts 1991, No. 556, § 13; 1991, No. 1172, § 13.

(a) Complaints received orally or in writing from public employees, their designated representatives, or public employers related to alleged violations of this subchapter shall be investigated in a timely manner by the Director of the Division of Labor.

(b) Officers or duly designated representatives of the director shall have the right of entry into any workplace or work area of a public employer during normal business hours to inspect and investigate complaints within reasonable limits and in a reasonable manner.

(c) The director shall have the same powers, duties, and authority to administer and enforce the provisions of this subchapter as are contained in §§ 11-2-108 , 11-2-115 , 11-2-116 , and 11-2-118 . Provided, however, that if there is a conflict between the provisions of this subchapter and the provisions of §§ 11-2-108 , 11-2-115 , 11-2-116 , and 11-2-118 , the provisions of this subchapter shall prevail.

Amended by Act 2019, No. 910,§ 5276, eff. 7/1/2019.

Acts 1991, No. 556, § 13; 1991, No. 1172, § 13.
Ark. Code Ann. § 8-6-713 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-713
Restriction on local government bonds and pledges
Status: in_force

(a) Unless approved by the regional solid waste management board, no municipality, county, improvement district, or sanitation authority within the regional solid waste management district shall: (1) Issue any bonds for solid waste management purposes; or (2) Pledge any revenues derived from solid waste management services for any bond issue. (b) Notwithstanding the provisions of subsection (a) of this section, no board shall prohibit a municipality or county from issuing revenue bonds or using general obligation bonds when the purpose of such issuance or usage is the funding of a facility or project to process and market recycled materials for use as fuel. (c) The board shall not impair any existing bond issue or other financial obligation of a municipality, county, improvement district, or sanitation authority. Acts 1991, No. 752, § 2.

(a) Unless approved by the regional solid waste management board, no municipality, county, improvement district, or sanitation authority within the regional solid waste management district shall: (1) Issue any bonds for solid waste management purposes; or (2) Pledge any revenues derived from solid waste management services for any bond issue.

(1) Issue any bonds for solid waste management purposes; or

(2) Pledge any revenues derived from solid waste management services for any bond issue.

(b) Notwithstanding the provisions of subsection (a) of this section, no board shall prohibit a municipality or county from issuing revenue bonds or using general obligation bonds when the purpose of such issuance or usage is the funding of a facility or project to process and market recycled materials for use as fuel.

(c) The board shall not impair any existing bond issue or other financial obligation of a municipality, county, improvement district, or sanitation authority.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-4-301 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-301
Legislative intent
Status: in_force

(a) In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Arkansas to maintain such a reasonable degree of purity of the air resources of the state to the end that the least possible injury should be done to human, plant, or animal life or to property and to maintain public enjoyment of the state's natural resources, consistent with the economic and industrial well-being of the state. (b) The program for the control of air pollution under this chapter shall be undertaken in a progressive manner, and each of its successive objectives shall be sought to be accomplished by a maximum of cooperation and conciliation among all the parties concerned. Acts 1949, No. 472, [Part 2], § 1, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1931.

(a) In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Arkansas to maintain such a reasonable degree of purity of the air resources of the state to the end that the least possible injury should be done to human, plant, or animal life or to property and to maintain public enjoyment of the state's natural resources, consistent with the economic and industrial well-being of the state.

(b) The program for the control of air pollution under this chapter shall be undertaken in a progressive manner, and each of its successive objectives shall be sought to be accomplished by a maximum of cooperation and conciliation among all the parties concerned.

Acts 1949, No. 472, [Part 2], § 1, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1931.
Ark. Code Ann. § 8-1-205 — AR Code / Title 8 / Chapter 1 / Subchapter 2 / Section 8-1-205
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1153,§ 1, eff. 8/16/2013. Acts 1995, No. 1191, § 35; 1999, No. 1164, § 10.

Repealed by Act 2013, No. 1153,§ 1, eff. 8/16/2013.

Acts 1995, No. 1191, § 35; 1999, No. 1164, § 10.
Ark. Code Ann. § 8-7-903 — AR Code / Title 8 / Chapter 7 / Subchapter 9 / Section 8-7-903
Rules - Powers of division
Status: in_force

(a) The Secretary of the Department of Finance and Administration is authorized to adopt appropriate rules not inconsistent with this subchapter as he or she may deem necessary to carry out the intent and purposes of and to assure compliance with this subchapter. (b) The Arkansas Pollution Control and Ecology Commission is authorized to adopt appropriate rules not inconsistent with this subchapter to carry out the intent and purposes of and to assure compliance with this subchapter. (c) The Division of Environmental Quality shall have the authority to enter upon the property of any owner or operator of an aboveground storage tank to obtain information, conduct surveys, or review records for the purpose of determining substantial compliance, as defined by this subchapter and rules promulgated thereunder, with all state laws and rules and federal laws and regulations relating to aboveground storage tanks prior to the secretary's approval of a claim for reimbursement or disbursement. Amended by Act 2019, No. 315,§ 666, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2805, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2804, eff. 7/1/2019. Acts 1989, No. 173, § 5; 1989 (3rd Ex. Sess.), No. 65, § 7; 1993, No. 951, § 2; 1997, No. 641, § 2.

(a) The Secretary of the Department of Finance and Administration is authorized to adopt appropriate rules not inconsistent with this subchapter as he or she may deem necessary to carry out the intent and purposes of and to assure compliance with this subchapter.

(b) The Arkansas Pollution Control and Ecology Commission is authorized to adopt appropriate rules not inconsistent with this subchapter to carry out the intent and purposes of and to assure compliance with this subchapter.

(c) The Division of Environmental Quality shall have the authority to enter upon the property of any owner or operator of an aboveground storage tank to obtain information, conduct surveys, or review records for the purpose of determining substantial compliance, as defined by this subchapter and rules promulgated thereunder, with all state laws and rules and federal laws and regulations relating to aboveground storage tanks prior to the secretary's approval of a claim for reimbursement or disbursement.

Amended by Act 2019, No. 315,§ 666, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2805, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2804, eff. 7/1/2019.

Acts 1989, No. 173, § 5; 1989 (3rd Ex. Sess.), No. 65, § 7; 1993, No. 951, § 2; 1997, No. 641, § 2.
Ark. Code Ann. § 8-7-217 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-217
Permits - Notice of hearing
Status: in_force

No permit shall be issued by the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission for any commercial hazardous waste treatment, storage, or disposal facility unless thirty (30) days' advance notice of a hearing has been placed in the largest newspaper published in the county in which a commercial hazardous waste treatment, storage, or disposal facility or facilities are located or proposed to be located, as well as published in the largest newspaper published in the adjoining counties. If there is no newspaper published in any of the counties so affected, the notice shall be published in the newspaper having the largest circulation in the county. Amended by Act 2019, No. 910,§ 2733, eff. 7/1/2019. Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.

No permit shall be issued by the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission for any commercial hazardous waste treatment, storage, or disposal facility unless thirty (30) days' advance notice of a hearing has been placed in the largest newspaper published in the county in which a commercial hazardous waste treatment, storage, or disposal facility or facilities are located or proposed to be located, as well as published in the largest newspaper published in the adjoining counties. If there is no newspaper published in any of the counties so affected, the notice shall be published in the newspaper having the largest circulation in the county.

Amended by Act 2019, No. 910,§ 2733, eff. 7/1/2019.

Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.
Ark. Code Ann. § 8-7-1014 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1014
Enforcement
Status: in_force

(a) If the Director of the Division of Labor determines that a public employer has violated a provision of this subchapter, the director shall issue an order to the official responsible for performing the duties required by this subchapter directing that official to cease and desist the act or omission constituting the violation. Such an order shall constitute prima facie evidence of a violation in any enforcement action filed pursuant to § 8-7-1015 . (b) If the director determines that a public employer has violated § 8-7-1008 relating to public employee information and training and within sixty (60) days of issuance of a cease and desist order the public employer has not remedied the violation, the director may conduct a program or programs to remedy the violation and require such public employer to reimburse the director for the cost of doing so. (c) Violation of this subchapter by a public employer shall be cause for adverse personnel action against the supervisor or supervisors responsible for the violation, including, but not limited to, suspension, demotion, withholding of annual career service recognition payments, or, in the case of serious and repeated violations, termination. Issuance of a cease and desist order by the director shall not be a prerequisite for such adverse personnel action, but such action shall only be taken in accordance with the civil service laws and rules. Amended by Act 2019, No. 315,§ 680, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5277, eff. 7/1/2019. Acts 1991, No. 556, § 14; 1991, No. 1172, § 14.

(a) If the Director of the Division of Labor determines that a public employer has violated a provision of this subchapter, the director shall issue an order to the official responsible for performing the duties required by this subchapter directing that official to cease and desist the act or omission constituting the violation. Such an order shall constitute prima facie evidence of a violation in any enforcement action filed pursuant to § 8-7-1015 .

(b) If the director determines that a public employer has violated § 8-7-1008 relating to public employee information and training and within sixty (60) days of issuance of a cease and desist order the public employer has not remedied the violation, the director may conduct a program or programs to remedy the violation and require such public employer to reimburse the director for the cost of doing so.

(c) Violation of this subchapter by a public employer shall be cause for adverse personnel action against the supervisor or supervisors responsible for the violation, including, but not limited to, suspension, demotion, withholding of annual career service recognition payments, or, in the case of serious and repeated violations, termination. Issuance of a cease and desist order by the director shall not be a prerequisite for such adverse personnel action, but such action shall only be taken in accordance with the civil service laws and rules.

Amended by Act 2019, No. 315,§ 680, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5277, eff. 7/1/2019.

Acts 1991, No. 556, § 14; 1991, No. 1172, § 14.
Ark. Code Ann. § 8-7-305 — AR Code / Title 8 / Chapter 7 / Subchapter 3 / Section 8-7-305
Exception to provisions
Status: in_force

This subchapter does not apply to an industrial waste treatment facility that discharges into a publicly owned treatment works if the industrial waste treatment facility and publicly owned treatment works comply with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. Acts 1979, No. 1098, § 8; A.S.A. 1947, § 82-4224.

This subchapter does not apply to an industrial waste treatment facility that discharges into a publicly owned treatment works if the industrial waste treatment facility and publicly owned treatment works comply with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

Acts 1979, No. 1098, § 8; A.S.A. 1947, § 82-4224.
Ark. Code Ann. § 8-2-206 — AR Code / Title 8 / Chapter 2 / Subchapter 2 / Section 8-2-206
Accreditation - Criteria and procedure
Status: in_force

(a) (1) (A) (i) All consulting laboratories performing analyses for which results are to be submitted to the Division of Environmental Quality shall obtain a laboratory accreditation under this subchapter. (ii) An analyte, method, or matrix for which the Environmental Laboratory Accreditation Program does not provide accreditation shall be evaluated by the division for acceptance. (B) The division, in its sole discretion, may refuse to accept results of analyses performed by a consulting laboratory that does not hold a laboratory accreditation under the program for the reason that the laboratory is not accredited. (2) Accreditation for laboratories other than consulting laboratories shall not be mandatory. (b) Applications for accreditation shall be made in the form and manner established by the division. (c) Upon receipt of an application for accreditation, the division shall evaluate and act upon the application in accordance with the following procedures and criteria: (1) (A) The laboratory must successfully complete an evaluation. (B) The division shall establish evaluation criteria on proper analytical techniques, quality assurance, recordkeeping, and reporting methods and procedures and facilities, equipment, and personnel requirements; and (2) The laboratory must submit to the division acceptable results from its analysis of proficiency test samples for the specific analytes, methods, and matrices selected for accreditation. (d) Upon completion of the laboratory evaluation and the review of the proficiency test sample results, the division shall notify the laboratory of its determination to award or deny accreditation. (e) (1) If the adequacy of the laboratory's capability and its recordkeeping have been sufficiently established to the satisfaction of the division, a certificate will be issued to the laboratory for the evaluated categories of analytes, methods, and matrices. (2) If accreditation is denied, the division shall set forth, in writing, the reasons for denial. Amended by Act 2019, No. 910,§ 2445, eff. 7/1/2019. Amended by Act 2017, No. 244,§ 2, eff. 8/1/2017. Acts 1985, No. 876, § 5; A.S.A. 1947, § 82-1993.4; Acts 1993, No. 322, § 5; 1993, No. 440, § 5.

(a) (1) (A) (i) All consulting laboratories performing analyses for which results are to be submitted to the Division of Environmental Quality shall obtain a laboratory accreditation under this subchapter. (ii) An analyte, method, or matrix for which the Environmental Laboratory Accreditation Program does not provide accreditation shall be evaluated by the division for acceptance. (B) The division, in its sole discretion, may refuse to accept results of analyses performed by a consulting laboratory that does not hold a laboratory accreditation under the program for the reason that the laboratory is not accredited. (2) Accreditation for laboratories other than consulting laboratories shall not be mandatory.

(1) (A) (i) All consulting laboratories performing analyses for which results are to be submitted to the Division of Environmental Quality shall obtain a laboratory accreditation under this subchapter. (ii) An analyte, method, or matrix for which the Environmental Laboratory Accreditation Program does not provide accreditation shall be evaluated by the division for acceptance. (B) The division, in its sole discretion, may refuse to accept results of analyses performed by a consulting laboratory that does not hold a laboratory accreditation under the program for the reason that the laboratory is not accredited.

(A) (i) All consulting laboratories performing analyses for which results are to be submitted to the Division of Environmental Quality shall obtain a laboratory accreditation under this subchapter. (ii) An analyte, method, or matrix for which the Environmental Laboratory Accreditation Program does not provide accreditation shall be evaluated by the division for acceptance.

(i) All consulting laboratories performing analyses for which results are to be submitted to the Division of Environmental Quality shall obtain a laboratory accreditation under this subchapter.

(ii) An analyte, method, or matrix for which the Environmental Laboratory Accreditation Program does not provide accreditation shall be evaluated by the division for acceptance.

(B) The division, in its sole discretion, may refuse to accept results of analyses performed by a consulting laboratory that does not hold a laboratory accreditation under the program for the reason that the laboratory is not accredited.

(2) Accreditation for laboratories other than consulting laboratories shall not be mandatory.

(b) Applications for accreditation shall be made in the form and manner established by the division.

(c) Upon receipt of an application for accreditation, the division shall evaluate and act upon the application in accordance with the following procedures and criteria: (1) (A) The laboratory must successfully complete an evaluation. (B) The division shall establish evaluation criteria on proper analytical techniques, quality assurance, recordkeeping, and reporting methods and procedures and facilities, equipment, and personnel requirements; and (2) The laboratory must submit to the division acceptable results from its analysis of proficiency test samples for the specific analytes, methods, and matrices selected for accreditation.

(1) (A) The laboratory must successfully complete an evaluation. (B) The division shall establish evaluation criteria on proper analytical techniques, quality assurance, recordkeeping, and reporting methods and procedures and facilities, equipment, and personnel requirements; and

(A) The laboratory must successfully complete an evaluation.

(B) The division shall establish evaluation criteria on proper analytical techniques, quality assurance, recordkeeping, and reporting methods and procedures and facilities, equipment, and personnel requirements; and

(2) The laboratory must submit to the division acceptable results from its analysis of proficiency test samples for the specific analytes, methods, and matrices selected for accreditation.

(d) Upon completion of the laboratory evaluation and the review of the proficiency test sample results, the division shall notify the laboratory of its determination to award or deny accreditation.

(e) (1) If the adequacy of the laboratory's capability and its recordkeeping have been sufficiently established to the satisfaction of the division, a certificate will be issued to the laboratory for the evaluated categories of analytes, methods, and matrices. (2) If accreditation is denied, the division shall set forth, in writing, the reasons for denial.

(1) If the adequacy of the laboratory's capability and its recordkeeping have been sufficiently established to the satisfaction of the division, a certificate will be issued to the laboratory for the evaluated categories of analytes, methods, and matrices.

(2) If accreditation is denied, the division shall set forth, in writing, the reasons for denial.

Amended by Act 2019, No. 910,§ 2445, eff. 7/1/2019.

Amended by Act 2017, No. 244,§ 2, eff. 8/1/2017.

Acts 1985, No. 876, § 5; A.S.A. 1947, § 82-1993.4; Acts 1993, No. 322, § 5; 1993, No. 440, § 5.
Ark. Code Ann. § 8-15-103 — AR Code / Title 8 / Chapter 15 / Section 8-15-103
Legislative findings
Status: in_force

The General Assembly finds that: (1) It is in the best interests of the state to authorize property assessed energy improvement districts that make available to citizens one (1) or more financing programs, including without limitation a PACE program, to fund energy efficiency improvements, renewable energy projects, and water conservation improvements on residential, commercial, industrial, and other real properties at the request of the owner; (2) The programs described in subdivision (1) of this section will benefit the citizens of this state by: (A) Decreasing the cost of providing funds to participating citizens and lowering the aggregate issuance and servicing costs of loans; and (B) Making funds available to rural communities throughout the state that might not otherwise create and finance the programs described in subdivision (1) of this section; and (3) The programs described in subdivision (1) of this section will further the public purpose of: (A) Creating jobs and stimulating the state's economy; (B) Generating significant economic development through the investment of the proceeds of loans in local communities, including increased sales tax revenue; (C) Protecting participating citizens from the financial impact of the rising cost of electricity produced from nonrenewable fuels; (D) Providing positive cash flow in which the costs of the improvements are lower than the energy savings on an average monthly basis; (E) Providing the citizens of this state with informed choices and additional options for financing improvements that may not otherwise be available; (F) Increasing the value of the improved real property for participating citizens; (G) Improving the state's air quality and conserving natural resources, including water; (H) Attracting manufacturing facilities and related jobs to the state; and (I) Promoting energy independence and security for the state and the nation. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

The General Assembly finds that:

(1) It is in the best interests of the state to authorize property assessed energy improvement districts that make available to citizens one (1) or more financing programs, including without limitation a PACE program, to fund energy efficiency improvements, renewable energy projects, and water conservation improvements on residential, commercial, industrial, and other real properties at the request of the owner;

(2) The programs described in subdivision (1) of this section will benefit the citizens of this state by: (A) Decreasing the cost of providing funds to participating citizens and lowering the aggregate issuance and servicing costs of loans; and (B) Making funds available to rural communities throughout the state that might not otherwise create and finance the programs described in subdivision (1) of this section; and

(A) Decreasing the cost of providing funds to participating citizens and lowering the aggregate issuance and servicing costs of loans; and

(B) Making funds available to rural communities throughout the state that might not otherwise create and finance the programs described in subdivision (1) of this section; and

(3) The programs described in subdivision (1) of this section will further the public purpose of: (A) Creating jobs and stimulating the state's economy; (B) Generating significant economic development through the investment of the proceeds of loans in local communities, including increased sales tax revenue; (C) Protecting participating citizens from the financial impact of the rising cost of electricity produced from nonrenewable fuels; (D) Providing positive cash flow in which the costs of the improvements are lower than the energy savings on an average monthly basis; (E) Providing the citizens of this state with informed choices and additional options for financing improvements that may not otherwise be available; (F) Increasing the value of the improved real property for participating citizens; (G) Improving the state's air quality and conserving natural resources, including water; (H) Attracting manufacturing facilities and related jobs to the state; and (I) Promoting energy independence and security for the state and the nation.

(A) Creating jobs and stimulating the state's economy;

(B) Generating significant economic development through the investment of the proceeds of loans in local communities, including increased sales tax revenue;

(C) Protecting participating citizens from the financial impact of the rising cost of electricity produced from nonrenewable fuels;

(D) Providing positive cash flow in which the costs of the improvements are lower than the energy savings on an average monthly basis;

(E) Providing the citizens of this state with informed choices and additional options for financing improvements that may not otherwise be available;

(F) Increasing the value of the improved real property for participating citizens;

(G) Improving the state's air quality and conserving natural resources, including water;

(H) Attracting manufacturing facilities and related jobs to the state; and

(I) Promoting energy independence and security for the state and the nation.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.