Ark. Code Ann. § 8-4-202 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-202
Rules
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to adopt, modify, or repeal, after notice and public hearings, rules implementing or effectuating the powers and duties of the Division of Environmental Quality and the commission under this chapter. (b) Without limiting the generality of this authority, these rules may, among other things, prescribe: (1) Effluent standards specifying the maximum amounts or concentrations and the physical, thermal, chemical, biological, and radioactive nature of the contaminants that may be discharged into the waters of this state or into publicly owned treatment facilities; (2) Requirements and standards for equipment and procedures for monitoring contaminant discharges at their sources, including publicly owned treatment facilities and industrial discharges into such facilities, the collection of samples, and the collection, reporting, and retention of data resulting from such monitoring; and (3) Water quality standards, performance standards, and pretreatment standards. (c) (1) Any person shall have the right to petition the commission for the issuance, amendment, or repeal of any rule. Within sixty (60) days from the date of the submission of a petition, the commission shall either institute rulemaking proceedings or give the petitioner written notice denying the petition, together with a written statement setting out the reasons for denial. (2) In the event the petition is denied, the decision of the commission will be deemed a final order subject to appeal as provided in subdivision (d)(5) of this section. (3) The record for appeal in a petition denial shall consist of the petition for rulemaking filed with the commission, the commission's written statement setting out the reasons for denial, and any document referenced therein. (d) (1) (A) Before the adoption, amendment, or repeal of any rule or before suspending the processing of a type or category of permits or the declaration of a moratorium on a type or category of permits, the commission shall give at least thirty (30) days' notice of its intended action. (B) The notice shall include: (i) A statement of the substance of the intended action; (ii) A description of the subjects and issues involved; and (iii) The time, place, and manner in which interested persons may make comments. (C) The notice shall be mailed or emailed to all persons who have requested advance notice of rulemaking proceedings. (D) The notice shall also be published at least two (2) times in newspapers having a general statewide circulation and in the appropriate industry, trade, or professional publications the commission may select. (2) (A) All interested parties shall be afforded a reasonable opportunity to: (i) Submit written data, information, views, opinions, and arguments; and (ii) Make oral statements concerning the proposed rule, suspension, or moratorium prior to a decision being rendered by the commission. (B) All written material, photographs, published material, and electronic media received by the commission shall be preserved and, along with a record of all oral comments made at any public hearing, shall become an element of the record of rulemaking. (C) Any person who considers himself or herself injured in his or her person, business, or property by final agency action under this section shall be entitled to judicial review of the action under this section. (3) (A) If, in response to comments, the commission amends a proposed rule to the extent that the rule would have an effect not previously expressed in the notice required by subdivision (d)(1) of this section, the commission shall provide another adequate public notice. (B) Subdivision (d)(3)(A) of this section shall not, however, require a second public notice if the final rule is a logical outgrowth of the rule proposed in the prior notice. (4) The commission shall compile and maintain a record of rule-making that shall contain: (A) (i) A copy of all notices described in this subsection and a concise general statement of the basis and purpose of the proposed rule, which shall include a written explanation of the necessity of the rule and a demonstration that any technical rule or technical standard is based on generally accepted scientific knowledge and engineering practices. (ii) For any standard or rule that is identical to a regulation promulgated by the United States Environmental Protection Agency, this portion of the record may be satisfied by reference to the Code of Federal Regulations. (iii) In all other cases, the division must provide its own justification with appropriate references to the scientific and engineering literature or written studies conducted by the division; (B) Copies of all written material, photographs, published materials, electronic media, and the record of all oral comments received by the commission during the public comment period and hearings; and (C) A responsive summary that groups public comments into similar categories and explains why the commission accepted or rejected the rationale of each category. (5) (A) The decisions of the commission with regard to this section are final and may be judicially appealed to the appropriate circuit court as provided in § 8-4-222 within thirty (30) days after filing with the office of the Secretary of State by persons that have standing as set out in subdivision (d)(2) of this section. (B) The record for review shall consist of a copy of the rule and the record of rulemaking described in subdivision (d)(4) of this section. (C) Rule changes, suspensions, or moratoria on types of categories of permits adopted by the commission shall be stayed and not take effect during the pendency of the appeal, except as specified in subsection (e) of this section. (e) (1) If the commission determines that imminent peril to the public health, safety, or welfare requires immediate change in the rules or immediate suspension or moratorium on categories or types of permits, it may, after documenting the facts and reasons, declare an emergency and implement emergency rules, suspensions, or moratoria. (2) No rule, suspension, or moratorium adopted under an emergency declaration shall be effective for longer than one hundred eighty (180) days. (3) The imminent loss of federal funding, certification, or authorization for any program administered by the division shall establish a prima facie case of imminent peril to the public health, safety, or welfare. Amended by Act 2019, No. 315,§ 466, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 465, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 464, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 463, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 462, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 461, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 460, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 459, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2486, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2485, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2484, eff. 7/1/2019. Amended by Act 2013EX1, No. 4,§ 1, eff. 10/21/2013. Amended by Act 2013, No. 954,§ 2, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 3; 1961, No. 120, § 5; 1973, No. 262, § 4; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 12; 1993, No. 165, § 12; 1997, No. 314, § 1; 1997, No. 1219, § 5; 2011, No. 195, § 1.

(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to adopt, modify, or repeal, after notice and public hearings, rules implementing or effectuating the powers and duties of the Division of Environmental Quality and the commission under this chapter.

(b) Without limiting the generality of this authority, these rules may, among other things, prescribe: (1) Effluent standards specifying the maximum amounts or concentrations and the physical, thermal, chemical, biological, and radioactive nature of the contaminants that may be discharged into the waters of this state or into publicly owned treatment facilities; (2) Requirements and standards for equipment and procedures for monitoring contaminant discharges at their sources, including publicly owned treatment facilities and industrial discharges into such facilities, the collection of samples, and the collection, reporting, and retention of data resulting from such monitoring; and (3) Water quality standards, performance standards, and pretreatment standards.

(1) Effluent standards specifying the maximum amounts or concentrations and the physical, thermal, chemical, biological, and radioactive nature of the contaminants that may be discharged into the waters of this state or into publicly owned treatment facilities;

(2) Requirements and standards for equipment and procedures for monitoring contaminant discharges at their sources, including publicly owned treatment facilities and industrial discharges into such facilities, the collection of samples, and the collection, reporting, and retention of data resulting from such monitoring; and

(3) Water quality standards, performance standards, and pretreatment standards.

(c) (1) Any person shall have the right to petition the commission for the issuance, amendment, or repeal of any rule. Within sixty (60) days from the date of the submission of a petition, the commission shall either institute rulemaking proceedings or give the petitioner written notice denying the petition, together with a written statement setting out the reasons for denial. (2) In the event the petition is denied, the decision of the commission will be deemed a final order subject to appeal as provided in subdivision (d)(5) of this section. (3) The record for appeal in a petition denial shall consist of the petition for rulemaking filed with the commission, the commission's written statement setting out the reasons for denial, and any document referenced therein.

(1) Any person shall have the right to petition the commission for the issuance, amendment, or repeal of any rule. Within sixty (60) days from the date of the submission of a petition, the commission shall either institute rulemaking proceedings or give the petitioner written notice denying the petition, together with a written statement setting out the reasons for denial.

(2) In the event the petition is denied, the decision of the commission will be deemed a final order subject to appeal as provided in subdivision (d)(5) of this section.

(3) The record for appeal in a petition denial shall consist of the petition for rulemaking filed with the commission, the commission's written statement setting out the reasons for denial, and any document referenced therein.

(d) (1) (A) Before the adoption, amendment, or repeal of any rule or before suspending the processing of a type or category of permits or the declaration of a moratorium on a type or category of permits, the commission shall give at least thirty (30) days' notice of its intended action. (B) The notice shall include: (i) A statement of the substance of the intended action; (ii) A description of the subjects and issues involved; and (iii) The time, place, and manner in which interested persons may make comments. (C) The notice shall be mailed or emailed to all persons who have requested advance notice of rulemaking proceedings. (D) The notice shall also be published at least two (2) times in newspapers having a general statewide circulation and in the appropriate industry, trade, or professional publications the commission may select. (2) (A) All interested parties shall be afforded a reasonable opportunity to: (i) Submit written data, information, views, opinions, and arguments; and (ii) Make oral statements concerning the proposed rule, suspension, or moratorium prior to a decision being rendered by the commission. (B) All written material, photographs, published material, and electronic media received by the commission shall be preserved and, along with a record of all oral comments made at any public hearing, shall become an element of the record of rulemaking. (C) Any person who considers himself or herself injured in his or her person, business, or property by final agency action under this section shall be entitled to judicial review of the action under this section. (3) (A) If, in response to comments, the commission amends a proposed rule to the extent that the rule would have an effect not previously expressed in the notice required by subdivision (d)(1) of this section, the commission shall provide another adequate public notice. (B) Subdivision (d)(3)(A) of this section shall not, however, require a second public notice if the final rule is a logical outgrowth of the rule proposed in the prior notice. (4) The commission shall compile and maintain a record of rule-making that shall contain: (A) (i) A copy of all notices described in this subsection and a concise general statement of the basis and purpose of the proposed rule, which shall include a written explanation of the necessity of the rule and a demonstration that any technical rule or technical standard is based on generally accepted scientific knowledge and engineering practices. (ii) For any standard or rule that is identical to a regulation promulgated by the United States Environmental Protection Agency, this portion of the record may be satisfied by reference to the Code of Federal Regulations. (iii) In all other cases, the division must provide its own justification with appropriate references to the scientific and engineering literature or written studies conducted by the division; (B) Copies of all written material, photographs, published materials, electronic media, and the record of all oral comments received by the commission during the public comment period and hearings; and (C) A responsive summary that groups public comments into similar categories and explains why the commission accepted or rejected the rationale of each category. (5) (A) The decisions of the commission with regard to this section are final and may be judicially appealed to the appropriate circuit court as provided in § 8-4-222 within thirty (30) days after filing with the office of the Secretary of State by persons that have standing as set out in subdivision (d)(2) of this section. (B) The record for review shall consist of a copy of the rule and the record of rulemaking described in subdivision (d)(4) of this section. (C) Rule changes, suspensions, or moratoria on types of categories of permits adopted by the commission shall be stayed and not take effect during the pendency of the appeal, except as specified in subsection (e) of this section.

(1) (A) Before the adoption, amendment, or repeal of any rule or before suspending the processing of a type or category of permits or the declaration of a moratorium on a type or category of permits, the commission shall give at least thirty (30) days' notice of its intended action. (B) The notice shall include: (i) A statement of the substance of the intended action; (ii) A description of the subjects and issues involved; and (iii) The time, place, and manner in which interested persons may make comments. (C) The notice shall be mailed or emailed to all persons who have requested advance notice of rulemaking proceedings. (D) The notice shall also be published at least two (2) times in newspapers having a general statewide circulation and in the appropriate industry, trade, or professional publications the commission may select.

(A) Before the adoption, amendment, or repeal of any rule or before suspending the processing of a type or category of permits or the declaration of a moratorium on a type or category of permits, the commission shall give at least thirty (30) days' notice of its intended action.

(B) The notice shall include: (i) A statement of the substance of the intended action; (ii) A description of the subjects and issues involved; and (iii) The time, place, and manner in which interested persons may make comments.

(i) A statement of the substance of the intended action;

(ii) A description of the subjects and issues involved; and

(iii) The time, place, and manner in which interested persons may make comments.

(C) The notice shall be mailed or emailed to all persons who have requested advance notice of rulemaking proceedings.

(D) The notice shall also be published at least two (2) times in newspapers having a general statewide circulation and in the appropriate industry, trade, or professional publications the commission may select.

(2) (A) All interested parties shall be afforded a reasonable opportunity to: (i) Submit written data, information, views, opinions, and arguments; and (ii) Make oral statements concerning the proposed rule, suspension, or moratorium prior to a decision being rendered by the commission. (B) All written material, photographs, published material, and electronic media received by the commission shall be preserved and, along with a record of all oral comments made at any public hearing, shall become an element of the record of rulemaking. (C) Any person who considers himself or herself injured in his or her person, business, or property by final agency action under this section shall be entitled to judicial review of the action under this section.

(A) All interested parties shall be afforded a reasonable opportunity to: (i) Submit written data, information, views, opinions, and arguments; and (ii) Make oral statements concerning the proposed rule, suspension, or moratorium prior to a decision being rendered by the commission.

(i) Submit written data, information, views, opinions, and arguments; and

(ii) Make oral statements concerning the proposed rule, suspension, or moratorium prior to a decision being rendered by the commission.

(B) All written material, photographs, published material, and electronic media received by the commission shall be preserved and, along with a record of all oral comments made at any public hearing, shall become an element of the record of rulemaking.

(C) Any person who considers himself or herself injured in his or her person, business, or property by final agency action under this section shall be entitled to judicial review of the action under this section.

(3) (A) If, in response to comments, the commission amends a proposed rule to the extent that the rule would have an effect not previously expressed in the notice required by subdivision (d)(1) of this section, the commission shall provide another adequate public notice. (B) Subdivision (d)(3)(A) of this section shall not, however, require a second public notice if the final rule is a logical outgrowth of the rule proposed in the prior notice.

(A) If, in response to comments, the commission amends a proposed rule to the extent that the rule would have an effect not previously expressed in the notice required by subdivision (d)(1) of this section, the commission shall provide another adequate public notice.

(B) Subdivision (d)(3)(A) of this section shall not, however, require a second public notice if the final rule is a logical outgrowth of the rule proposed in the prior notice.

(4) The commission shall compile and maintain a record of rule-making that shall contain: (A) (i) A copy of all notices described in this subsection and a concise general statement of the basis and purpose of the proposed rule, which shall include a written explanation of the necessity of the rule and a demonstration that any technical rule or technical standard is based on generally accepted scientific knowledge and engineering practices. (ii) For any standard or rule that is identical to a regulation promulgated by the United States Environmental Protection Agency, this portion of the record may be satisfied by reference to the Code of Federal Regulations. (iii) In all other cases, the division must provide its own justification with appropriate references to the scientific and engineering literature or written studies conducted by the division; (B) Copies of all written material, photographs, published materials, electronic media, and the record of all oral comments received by the commission during the public comment period and hearings; and (C) A responsive summary that groups public comments into similar categories and explains why the commission accepted or rejected the rationale of each category.

(A) (i) A copy of all notices described in this subsection and a concise general statement of the basis and purpose of the proposed rule, which shall include a written explanation of the necessity of the rule and a demonstration that any technical rule or technical standard is based on generally accepted scientific knowledge and engineering practices. (ii) For any standard or rule that is identical to a regulation promulgated by the United States Environmental Protection Agency, this portion of the record may be satisfied by reference to the Code of Federal Regulations. (iii) In all other cases, the division must provide its own justification with appropriate references to the scientific and engineering literature or written studies conducted by the division;

(i) A copy of all notices described in this subsection and a concise general statement of the basis and purpose of the proposed rule, which shall include a written explanation of the necessity of the rule and a demonstration that any technical rule or technical standard is based on generally accepted scientific knowledge and engineering practices.

(ii) For any standard or rule that is identical to a regulation promulgated by the United States Environmental Protection Agency, this portion of the record may be satisfied by reference to the Code of Federal Regulations.

(iii) In all other cases, the division must provide its own justification with appropriate references to the scientific and engineering literature or written studies conducted by the division;

(B) Copies of all written material, photographs, published materials, electronic media, and the record of all oral comments received by the commission during the public comment period and hearings; and

(C) A responsive summary that groups public comments into similar categories and explains why the commission accepted or rejected the rationale of each category.

(5) (A) The decisions of the commission with regard to this section are final and may be judicially appealed to the appropriate circuit court as provided in § 8-4-222 within thirty (30) days after filing with the office of the Secretary of State by persons that have standing as set out in subdivision (d)(2) of this section. (B) The record for review shall consist of a copy of the rule and the record of rulemaking described in subdivision (d)(4) of this section. (C) Rule changes, suspensions, or moratoria on types of categories of permits adopted by the commission shall be stayed and not take effect during the pendency of the appeal, except as specified in subsection (e) of this section.

(A) The decisions of the commission with regard to this section are final and may be judicially appealed to the appropriate circuit court as provided in § 8-4-222 within thirty (30) days after filing with the office of the Secretary of State by persons that have standing as set out in subdivision (d)(2) of this section.

(B) The record for review shall consist of a copy of the rule and the record of rulemaking described in subdivision (d)(4) of this section.

(C) Rule changes, suspensions, or moratoria on types of categories of permits adopted by the commission shall be stayed and not take effect during the pendency of the appeal, except as specified in subsection (e) of this section.

(e) (1) If the commission determines that imminent peril to the public health, safety, or welfare requires immediate change in the rules or immediate suspension or moratorium on categories or types of permits, it may, after documenting the facts and reasons, declare an emergency and implement emergency rules, suspensions, or moratoria. (2) No rule, suspension, or moratorium adopted under an emergency declaration shall be effective for longer than one hundred eighty (180) days. (3) The imminent loss of federal funding, certification, or authorization for any program administered by the division shall establish a prima facie case of imminent peril to the public health, safety, or welfare.

(1) If the commission determines that imminent peril to the public health, safety, or welfare requires immediate change in the rules or immediate suspension or moratorium on categories or types of permits, it may, after documenting the facts and reasons, declare an emergency and implement emergency rules, suspensions, or moratoria.

(2) No rule, suspension, or moratorium adopted under an emergency declaration shall be effective for longer than one hundred eighty (180) days.

(3) The imminent loss of federal funding, certification, or authorization for any program administered by the division shall establish a prima facie case of imminent peril to the public health, safety, or welfare.

Amended by Act 2019, No. 315,§ 466, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 465, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 464, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 463, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 462, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 461, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 460, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 459, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2486, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2485, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2484, eff. 7/1/2019.

Amended by Act 2013EX1, No. 4,§ 1, eff. 10/21/2013.

Amended by Act 2013, No. 954,§ 2, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 3; 1961, No. 120, § 5; 1973, No. 262, § 4; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 12; 1993, No. 165, § 12; 1997, No. 314, § 1; 1997, No. 1219, § 5; 2011, No. 195, § 1.
Ark. Code Ann. § 8-10-304 — AR Code / Title 8 / Chapter 10 / Subchapter 3 / Section 8-10-304
Motor vehicle racing facilities in certain municipalities - Definition
Status: in_force

(a) Sections 8-10-302 and 8-10-303 do not apply to any motor vehicle racing facilities located in a county having a population between eighty thousand (80,000) and ninety thousand (90,000) according to the 1990 Federal Decennial Census and that are: (1) South of a navigable waterway that traverses the state; or (2) More than two (2) miles from an interstate highway, public or private school, or church facility in place at the time of the original permit application. (b) (1) (A) A person or entity proposing and constructing a motor vehicle racing facility under subsection (a) of this section shall seek the approval of and issuance of an annual permit from the Division of Environmental Quality. (B) The division's approval shall be sought by filing a permit application with the division, which shall contain a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including: (i) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (ii) The maximum projected noise level of the racing vehicles; (iii) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the motor vehicle racing facility; (iv) Estimates of traffic counts and numbers of spectators; and (v) Any other relevant permit information as may be determined necessary for the permit application by the division. (2) (A) (i) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility. (ii) The division shall set a date for the public hearing to be held on the proposed motor vehicle racing facility permit which shall not be fewer than thirty (30) days after the filing of the initial permit application. (iii) The hearing under this subdivision (b)(2) for the initial permit may be adjourned and continued if necessary. (B) (i) The division, in its discretion, may hold public hearings for the renewal of any permits as is necessary. (ii) Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit. (iii) Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division. (3) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the division is satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh its impact by the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, then the division shall grant the initial permit approving the proposed motor vehicle racing facility or shall renew approval to the permitted or existing motor vehicle racing facility. (4) Renewal of an annual permit may also be denied if: (A) The motor vehicle racing facility is determined to be in violation of any standards under which the permit was issued; or (B) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the initial application process. (5) If any material changes, additions, or improvements are made to the motor vehicle racing facility, the permit shall be amended accordingly, and the division may reconsider the approval of the permit. (6) The Arkansas Pollution Control and Ecology Commission shall have the authority to promulgate any and all necessary rules to implement this section, including the authority to set a permit fee to recover the cost of issuing the permit. (c) Each motor vehicle racing facility constructed in an area under this section that applies for and receives an initial annual permit to operate its motor vehicle racing facility shall thereafter apply annually for renewal of its permit. (d) As used in this section, "motor vehicle racing facility" means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing. (e) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility shall be permitted or constructed under this section within one (1) mile of the boundary of another county. Amended by Act 2019, No. 315,§ 698, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3014, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3013, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3012, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3011, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3010, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3009, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3008, eff. 7/1/2019. Acts 2001, No. 1413, § 1; 2009, No. 1287, §§ 1-3.

(a) Sections 8-10-302 and 8-10-303 do not apply to any motor vehicle racing facilities located in a county having a population between eighty thousand (80,000) and ninety thousand (90,000) according to the 1990 Federal Decennial Census and that are: (1) South of a navigable waterway that traverses the state; or (2) More than two (2) miles from an interstate highway, public or private school, or church facility in place at the time of the original permit application.

(1) South of a navigable waterway that traverses the state; or

(2) More than two (2) miles from an interstate highway, public or private school, or church facility in place at the time of the original permit application.

(b) (1) (A) A person or entity proposing and constructing a motor vehicle racing facility under subsection (a) of this section shall seek the approval of and issuance of an annual permit from the Division of Environmental Quality. (B) The division's approval shall be sought by filing a permit application with the division, which shall contain a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including: (i) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (ii) The maximum projected noise level of the racing vehicles; (iii) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the motor vehicle racing facility; (iv) Estimates of traffic counts and numbers of spectators; and (v) Any other relevant permit information as may be determined necessary for the permit application by the division. (2) (A) (i) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility. (ii) The division shall set a date for the public hearing to be held on the proposed motor vehicle racing facility permit which shall not be fewer than thirty (30) days after the filing of the initial permit application. (iii) The hearing under this subdivision (b)(2) for the initial permit may be adjourned and continued if necessary. (B) (i) The division, in its discretion, may hold public hearings for the renewal of any permits as is necessary. (ii) Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit. (iii) Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division. (3) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the division is satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh its impact by the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, then the division shall grant the initial permit approving the proposed motor vehicle racing facility or shall renew approval to the permitted or existing motor vehicle racing facility. (4) Renewal of an annual permit may also be denied if: (A) The motor vehicle racing facility is determined to be in violation of any standards under which the permit was issued; or (B) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the initial application process. (5) If any material changes, additions, or improvements are made to the motor vehicle racing facility, the permit shall be amended accordingly, and the division may reconsider the approval of the permit. (6) The Arkansas Pollution Control and Ecology Commission shall have the authority to promulgate any and all necessary rules to implement this section, including the authority to set a permit fee to recover the cost of issuing the permit.

(1) (A) A person or entity proposing and constructing a motor vehicle racing facility under subsection (a) of this section shall seek the approval of and issuance of an annual permit from the Division of Environmental Quality. (B) The division's approval shall be sought by filing a permit application with the division, which shall contain a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including: (i) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (ii) The maximum projected noise level of the racing vehicles; (iii) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the motor vehicle racing facility; (iv) Estimates of traffic counts and numbers of spectators; and (v) Any other relevant permit information as may be determined necessary for the permit application by the division.

(A) A person or entity proposing and constructing a motor vehicle racing facility under subsection (a) of this section shall seek the approval of and issuance of an annual permit from the Division of Environmental Quality.

(B) The division's approval shall be sought by filing a permit application with the division, which shall contain a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including: (i) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (ii) The maximum projected noise level of the racing vehicles; (iii) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the motor vehicle racing facility; (iv) Estimates of traffic counts and numbers of spectators; and (v) Any other relevant permit information as may be determined necessary for the permit application by the division.

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

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

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

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

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

(2) (A) (i) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility. (ii) The division shall set a date for the public hearing to be held on the proposed motor vehicle racing facility permit which shall not be fewer than thirty (30) days after the filing of the initial permit application. (iii) The hearing under this subdivision (b)(2) for the initial permit may be adjourned and continued if necessary. (B) (i) The division, in its discretion, may hold public hearings for the renewal of any permits as is necessary. (ii) Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit. (iii) Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division.

(A) (i) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility. (ii) The division shall set a date for the public hearing to be held on the proposed motor vehicle racing facility permit which shall not be fewer than thirty (30) days after the filing of the initial permit application. (iii) The hearing under this subdivision (b)(2) for the initial permit may be adjourned and continued if necessary.

(i) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility.

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

(iii) The hearing under this subdivision (b)(2) for the initial permit may be adjourned and continued if necessary.

(B) (i) The division, in its discretion, may hold public hearings for the renewal of any permits as is necessary. (ii) Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit. (iii) Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division.

(i) The division, in its discretion, may hold public hearings for the renewal of any permits as is necessary.

(ii) Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit.

(iii) Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division.

(3) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the division is satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh its impact by the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, then the division shall grant the initial permit approving the proposed motor vehicle racing facility or shall renew approval to the permitted or existing motor vehicle racing facility.

(4) Renewal of an annual permit may also be denied if: (A) The motor vehicle racing facility is determined to be in violation of any standards under which the permit was issued; or (B) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the initial application process.

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

(B) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the initial application process.

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

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

(c) Each motor vehicle racing facility constructed in an area under this section that applies for and receives an initial annual permit to operate its motor vehicle racing facility shall thereafter apply annually for renewal of its permit.

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

(e) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility shall be permitted or constructed under this section within one (1) mile of the boundary of another county.

Amended by Act 2019, No. 315,§ 698, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3014, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3013, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3012, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3011, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3010, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3009, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3008, eff. 7/1/2019.

Acts 2001, No. 1413, § 1; 2009, No. 1287, §§ 1-3.
Ark. Code Ann. § 8-10-204 — AR Code / Title 8 / Chapter 10 / Subchapter 2 / Section 8-10-204
Hierarchy of waste minimization
Status: in_force

It is the policy of the state to adhere to the following hierarchy of waste minimization and management: (1) Reduce waste production at the source; (2) Recover and reuse resources and wastes; (3) Recycle on-site or, if this is not feasible, off-site; (4) Treat wastes to reduce volume and toxicity, including incineration; and (5) Dispose of any remaining wastes in a manner which serves to protect the quality of air, water, and land resources. Acts 1993, No. 1273, § 1.

It is the policy of the state to adhere to the following hierarchy of waste minimization and management:

(1) Reduce waste production at the source;

(2) Recover and reuse resources and wastes;

(3) Recycle on-site or, if this is not feasible, off-site;

(4) Treat wastes to reduce volume and toxicity, including incineration; and

(5) Dispose of any remaining wastes in a manner which serves to protect the quality of air, water, and land resources.

Acts 1993, No. 1273, § 1.
Ark. Code Ann. § 8-7-222 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-222
Permits - Hearing upon denial, revocation, or modification
Status: in_force

Any person who is denied a permit by the Director of the Division of Environmental Quality or who has such permit revoked or modified shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ecology Commission in connection therewith upon written application made within thirty (30) days after service of notice of the denial, revocation, or modification. Amended by Act 2019, No. 910,§ 2738, eff. 7/1/2019. Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.

Any person who is denied a permit by the Director of the Division of Environmental Quality or who has such permit revoked or modified shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ecology Commission in connection therewith upon written application made within thirty (30) days after service of notice of the denial, revocation, or modification.

Amended by Act 2019, No. 910,§ 2738, eff. 7/1/2019.

Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.
Ark. Code Ann. § 8-7-905 — AR Code / Title 8 / Chapter 7 / Subchapter 9 / Section 8-7-905
Petroleum Storage Tank Trust Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Petroleum Storage Tank Trust Fund", hereinafter referred to as the "fund". (b) The fund will be administered by the Director of the Division of Environmental Quality, who shall make disbursements from the fund as authorized by this subchapter. (c) The fund shall consist of gifts, grants, donations, and such other funds as may be made available by the General Assembly, including all interest earned upon money deposited into the fund, fees assessed under this subchapter, any moneys recovered by the Division of Environmental Quality, the proceeds of bonds issued by the Arkansas Development Finance Authority for the benefit of the fund, and any other moneys legally designated for the fund. (d) Moneys in the fund may be expended by the director solely for the following purposes, as limited by the provisions of subsection (e) of this section: (1) The state share mandated by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; (2) To pay costs incurred by the Arkansas Pollution Control and Ecology Commission, the director, the Attorney General, or the Advisory Committee on Petroleum Storage Tanks in the performance of their duties under this subchapter; (3) To pay reimbursement to owners and operators for taking corrective action or to pay third parties for compensatory damages caused by accidental releases from qualified storage tanks; (4) To pay reasonable and necessary costs and expenses of the division for taking corrective action caused by accidental releases from a storage tank of unknown ownership or when corrective action is not commenced by the owner or operator in a timely manner; (5) (A) To reimburse owners and operators in the vicinity of the release for performing short-term testing or monitoring which is in addition to that required by the division's rules if the division has a reasonable basis for believing that the petroleum underground storage tank or tanks may be the source of the release. (B) The owners and operators of petroleum underground storage tanks, including out-of-service and nonoperational petroleum underground storage tanks, not found to be the source of the release and who cooperate with the division may apply to the fund for reimbursement for such testing and monitoring costs, not including lost managerial time or loss of revenues because of temporary business closure; and (6) To reimburse a consultant under § 8-7-907(k) for the purchase of equipment needed to undertake corrective action. (e) Notwithstanding any other provisions of this subchapter, the director, upon finding that a release may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare or the environment, may, without receiving prior advice from the committee, issue an order reciting the existence of such an imminent hazard and emergency and ordering a disbursement or reimbursement of up to fifty thousand dollars ($50,000) from the fund so that such action may be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency. (f) (1) No expenditure from the fund shall be made for expenses for retrofitting or replacement of petroleum storage tanks. (2) No expenditure from the fund pursuant to subdivisions (d)(3) and (5) of this section shall be made for attorney's fees. (g) The liability or obligation of the fund is not the liability or obligation of the State of Arkansas. However, this subsection shall not be construed as relieving the fund of any liability or obligation prescribed in this subchapter upon the entry of a valid court order or valid final order of the Arkansas State Claims Commission establishing a judgment against any state agency, board, department, or commission or when a settlement agreement has been reached arising from third-party claims against any state agency, board, department, or commission when the state agency, board, department, or commission is determined to be the owner or operator. (h) Nothing in this subchapter shall be construed to abrogate or waive the provisions of Arkansas Constitution, Article 5, § 20. (i) (1) An owner or operator who considers himself or herself injured in his or her business, person, or property by a final decision of the director or the director's delegatee under this subchapter may appeal the decision to the Arkansas Pollution Control and Ecology Commission within thirty (30) days after the date of the final decision of the director or the director's delegatee. (2) The procedures of the division and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-202 , 8-4-210 - 8-4-214 , and 8-4-218 - 8-4-229 , and in rules applicable to administrative procedures of the division and the Arkansas Pollution Control and Ecology Commission to the extent they are not in conflict with the provisions of this subchapter. Amended by Act 2019, No. 315,§ 669, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2811, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2810, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2809, eff. 7/1/2019. Amended by Act 2013, No. 406,§ 1, eff. 8/16/2013. Acts 1989, No. 173, § 3; 1989 (3rd Ex. Sess.), No. 65, §§ 3, 4; 1991, No. 615, § 1; 1993, No. 951, § 4; 1995, No. 1054, § 2; 1997, No. 641, § 3; 2001, No. 206, § 1; 2003, No. 1114, § 2.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Petroleum Storage Tank Trust Fund", hereinafter referred to as the "fund".

(b) The fund will be administered by the Director of the Division of Environmental Quality, who shall make disbursements from the fund as authorized by this subchapter.

(c) The fund shall consist of gifts, grants, donations, and such other funds as may be made available by the General Assembly, including all interest earned upon money deposited into the fund, fees assessed under this subchapter, any moneys recovered by the Division of Environmental Quality, the proceeds of bonds issued by the Arkansas Development Finance Authority for the benefit of the fund, and any other moneys legally designated for the fund.

(d) Moneys in the fund may be expended by the director solely for the following purposes, as limited by the provisions of subsection (e) of this section: (1) The state share mandated by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; (2) To pay costs incurred by the Arkansas Pollution Control and Ecology Commission, the director, the Attorney General, or the Advisory Committee on Petroleum Storage Tanks in the performance of their duties under this subchapter; (3) To pay reimbursement to owners and operators for taking corrective action or to pay third parties for compensatory damages caused by accidental releases from qualified storage tanks; (4) To pay reasonable and necessary costs and expenses of the division for taking corrective action caused by accidental releases from a storage tank of unknown ownership or when corrective action is not commenced by the owner or operator in a timely manner; (5) (A) To reimburse owners and operators in the vicinity of the release for performing short-term testing or monitoring which is in addition to that required by the division's rules if the division has a reasonable basis for believing that the petroleum underground storage tank or tanks may be the source of the release. (B) The owners and operators of petroleum underground storage tanks, including out-of-service and nonoperational petroleum underground storage tanks, not found to be the source of the release and who cooperate with the division may apply to the fund for reimbursement for such testing and monitoring costs, not including lost managerial time or loss of revenues because of temporary business closure; and (6) To reimburse a consultant under § 8-7-907(k) for the purchase of equipment needed to undertake corrective action.

(1) The state share mandated by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.;

(2) To pay costs incurred by the Arkansas Pollution Control and Ecology Commission, the director, the Attorney General, or the Advisory Committee on Petroleum Storage Tanks in the performance of their duties under this subchapter;

(3) To pay reimbursement to owners and operators for taking corrective action or to pay third parties for compensatory damages caused by accidental releases from qualified storage tanks;

(4) To pay reasonable and necessary costs and expenses of the division for taking corrective action caused by accidental releases from a storage tank of unknown ownership or when corrective action is not commenced by the owner or operator in a timely manner;

(5) (A) To reimburse owners and operators in the vicinity of the release for performing short-term testing or monitoring which is in addition to that required by the division's rules if the division has a reasonable basis for believing that the petroleum underground storage tank or tanks may be the source of the release. (B) The owners and operators of petroleum underground storage tanks, including out-of-service and nonoperational petroleum underground storage tanks, not found to be the source of the release and who cooperate with the division may apply to the fund for reimbursement for such testing and monitoring costs, not including lost managerial time or loss of revenues because of temporary business closure; and

(A) To reimburse owners and operators in the vicinity of the release for performing short-term testing or monitoring which is in addition to that required by the division's rules if the division has a reasonable basis for believing that the petroleum underground storage tank or tanks may be the source of the release.

(B) The owners and operators of petroleum underground storage tanks, including out-of-service and nonoperational petroleum underground storage tanks, not found to be the source of the release and who cooperate with the division may apply to the fund for reimbursement for such testing and monitoring costs, not including lost managerial time or loss of revenues because of temporary business closure; and

(6) To reimburse a consultant under § 8-7-907(k) for the purchase of equipment needed to undertake corrective action.

(e) Notwithstanding any other provisions of this subchapter, the director, upon finding that a release may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare or the environment, may, without receiving prior advice from the committee, issue an order reciting the existence of such an imminent hazard and emergency and ordering a disbursement or reimbursement of up to fifty thousand dollars ($50,000) from the fund so that such action may be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency.

(f) (1) No expenditure from the fund shall be made for expenses for retrofitting or replacement of petroleum storage tanks. (2) No expenditure from the fund pursuant to subdivisions (d)(3) and (5) of this section shall be made for attorney's fees.

(1) No expenditure from the fund shall be made for expenses for retrofitting or replacement of petroleum storage tanks.

(2) No expenditure from the fund pursuant to subdivisions (d)(3) and (5) of this section shall be made for attorney's fees.

(g) The liability or obligation of the fund is not the liability or obligation of the State of Arkansas. However, this subsection shall not be construed as relieving the fund of any liability or obligation prescribed in this subchapter upon the entry of a valid court order or valid final order of the Arkansas State Claims Commission establishing a judgment against any state agency, board, department, or commission or when a settlement agreement has been reached arising from third-party claims against any state agency, board, department, or commission when the state agency, board, department, or commission is determined to be the owner or operator.

(h) Nothing in this subchapter shall be construed to abrogate or waive the provisions of Arkansas Constitution, Article 5, § 20.

(i) (1) An owner or operator who considers himself or herself injured in his or her business, person, or property by a final decision of the director or the director's delegatee under this subchapter may appeal the decision to the Arkansas Pollution Control and Ecology Commission within thirty (30) days after the date of the final decision of the director or the director's delegatee. (2) The procedures of the division and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-202 , 8-4-210 - 8-4-214 , and 8-4-218 - 8-4-229 , and in rules applicable to administrative procedures of the division and the Arkansas Pollution Control and Ecology Commission to the extent they are not in conflict with the provisions of this subchapter.

(1) An owner or operator who considers himself or herself injured in his or her business, person, or property by a final decision of the director or the director's delegatee under this subchapter may appeal the decision to the Arkansas Pollution Control and Ecology Commission within thirty (30) days after the date of the final decision of the director or the director's delegatee.

(2) The procedures of the division and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-202 , 8-4-210 - 8-4-214 , and 8-4-218 - 8-4-229 , and in rules applicable to administrative procedures of the division and the Arkansas Pollution Control and Ecology Commission to the extent they are not in conflict with the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 669, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2811, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2810, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2809, eff. 7/1/2019.

Amended by Act 2013, No. 406,§ 1, eff. 8/16/2013.

Acts 1989, No. 173, § 3; 1989 (3rd Ex. Sess.), No. 65, §§ 3, 4; 1991, No. 615, § 1; 1993, No. 951, § 4; 1995, No. 1054, § 2; 1997, No. 641, § 3; 2001, No. 206, § 1; 2003, No. 1114, § 2.
Ark. Code Ann. § 8-7-308 — AR Code / Title 8 / Chapter 7 / Subchapter 3 / Section 8-7-308
Powers and duties generally
Status: in_force

The Division of Environmental Quality shall have the following powers and duties: (1) To enter into such agreements or compacts between one (1) or more states or with the United States Government as may be necessary and appropriate to effectuate a program consistent with the purposes of this subchapter if these agreements or compacts first receive the approval of the Governor; (2) To adopt such rules as may be necessary and appropriate to enforce within the state the terms of any interstate agreement or compact developed pursuant to the provisions of this subchapter; (3) To promote the purposes of this subchapter and to effectuate and implement interstate agreements by imposing reasonable conditions on permits issued under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules promulgated under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.; (4) To prohibit, by rule or by condition of permit, the disposal of any hazardous waste within the state unless the owner or custodian of the hazardous waste can demonstrate to the reasonable satisfaction of the Director of the Division of Environmental Quality that it is technically or economically infeasible for the hazardous waste to be treated; (5) To issue, continue in effect, revoke, modify, or deny, under such terms as the division or the General Assembly may prescribe, permits for the establishment, construction, operation, or maintenance of hazardous waste treatment or disposal facilities; (6) To adopt and enforce rules which would require the owners, operators, or other responsible parties of inactive or abandoned disposal sites to undertake such actions as are reasonable to prevent environmental contamination; (7) To receive federal and private funds for the purpose of securing or reclaiming abandoned hazardous waste disposal sites in an environmentally safe manner; and (8) To encourage and to participate in studies, projects, and agreements for the purpose of identifying and evaluating improvements in hazardous waste treatment and disposal techniques. Amended by Act 2019, No. 315,§ 627, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 626, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2749, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2748, eff. 7/1/2019. Acts 1979, No. 1098, § 5; 1985, No. 922, § 3; A.S.A. 1947, § 82-4221.

The Division of Environmental Quality shall have the following powers and duties:

(1) To enter into such agreements or compacts between one (1) or more states or with the United States Government as may be necessary and appropriate to effectuate a program consistent with the purposes of this subchapter if these agreements or compacts first receive the approval of the Governor;

(2) To adopt such rules as may be necessary and appropriate to enforce within the state the terms of any interstate agreement or compact developed pursuant to the provisions of this subchapter;

(3) To promote the purposes of this subchapter and to effectuate and implement interstate agreements by imposing reasonable conditions on permits issued under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules promulgated under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.;

(4) To prohibit, by rule or by condition of permit, the disposal of any hazardous waste within the state unless the owner or custodian of the hazardous waste can demonstrate to the reasonable satisfaction of the Director of the Division of Environmental Quality that it is technically or economically infeasible for the hazardous waste to be treated;

(5) To issue, continue in effect, revoke, modify, or deny, under such terms as the division or the General Assembly may prescribe, permits for the establishment, construction, operation, or maintenance of hazardous waste treatment or disposal facilities;

(6) To adopt and enforce rules which would require the owners, operators, or other responsible parties of inactive or abandoned disposal sites to undertake such actions as are reasonable to prevent environmental contamination;

(7) To receive federal and private funds for the purpose of securing or reclaiming abandoned hazardous waste disposal sites in an environmentally safe manner; and

(8) To encourage and to participate in studies, projects, and agreements for the purpose of identifying and evaluating improvements in hazardous waste treatment and disposal techniques.

Amended by Act 2019, No. 315,§ 627, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 626, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2749, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2748, eff. 7/1/2019.

Acts 1979, No. 1098, § 5; 1985, No. 922, § 3; A.S.A. 1947, § 82-4221.
Ark. Code Ann. § 8-6-2011 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2011
Environmental officer authority
Status: in_force

(a) An environmental officer under this subchapter may perform one (1) or more of the following duties to ensure compliance with and enforcement of this subchapter: (1) Upon a showing of probable cause regarding environmental violations, and subject to the administrative warrant requirements in subsection (c) of this section, enter upon any public or private property for the purpose of obtaining information or conducting investigations or inspections; (2) Collect evidence of illegal dumping of solid waste and littering and present the evidence to the prosecuting attorney or a court of competent jurisdiction where the offense was committed; and (3) Perform all other duties specified in this subchapter necessary for the administration and enforcement of this subchapter. (b) An environmental officer, acting solely under his or her authority as granted in this subchapter, shall not have the power of arrest. (c) (1) When an environmental officer obtains information that supports probable cause to believe that a violation of a law within his or her regulatory authority is being or has been violated, the environmental officer may demand entry onto any property, public or private, to conduct inspections. (2) If consent to inspect is denied, the environmental officer may obtain an administrative warrant from a judicial officer. (3) The issuance and execution of an administrative warrant under subdivision (c)(2) of this section shall be as follows: (A) A judge or magistrate otherwise authorized to issue search warrants within his or her jurisdiction may, upon proper oath or affirmation showing probable cause, issue an administrative warrant for the purpose of conducting inspections authorized by this subchapter; (B) (i) A judge or magistrate shall issue an administrative warrant only upon an affidavit of an environmental officer having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the administrative warrant. (ii) If the judge or magistrate is satisfied that grounds for the application for an administrative warrant exist or that there is probable cause to believe the grounds exist, he or she shall issue an administrative warrant identifying the site to be inspected, and the purpose of the inspection. (iii) The administrative warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the inspection; (b) Be directed to an environmental officer; (c) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified; (d) Specifically identify any documents or samples to be gathered during the inspection; (e) Direct that it be served during normal business hours unless emergency or extraordinary circumstances compel otherwise; and (f) Designate the judge or magistrate to whom it shall be returned; (C) (i) If appropriate, the administrative warrant may authorize the review and copying of documents that may be relevant to the purpose of the inspection. (ii) (a) If documents must be seized for the purpose of copying, the person serving the administrative warrant shall prepare an inventory of documents taken. (b) The inventory shall be made in the presence of the person executing the administrative warrant and of the person from whose possession or facility the documents were taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative warrant. (c) A copy of the inventory shall be delivered to the person from whom or from whose site the documents were taken. (iii) The seized documents shall be copied as soon as feasible under circumstances preserving their authenticity, then returned to the person from whom the documents were taken; (D) (i) The administrative warrant may authorize the taking of samples of materials generated, stored, or treated at the site. (ii) The person executing the administrative warrant shall prepare an inventory of all samples taken. (iii) In any inspection conducted pursuant to an administrative warrant in which samples are taken, the environmental officer shall make split samples available to the person whose site is being inspected; (E) (i) An administrative warrant issued pursuant to this section is required to be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the judge or magistrate orders otherwise. (ii) The return of the administrative warrant shall be made promptly, accompanied by a written inventory of any documents or samples taken; (F) The judge or magistrate who has issued an administrative warrant shall attach to the administrative warrant a copy of the return and all papers returnable in connection with the administrative warrant and file them with the clerk of the circuit court or district court for the judicial district in which the inspection was made; and (G) A copy of the administrative warrant and all supporting affidavits shall be provided to the person served or left at the entry of the site inspected. (d) Notwithstanding subsection (c) of this section, an administrative warrant is not required for any inspection under the following circumstances: (1) If the owner, operator, or agent in charge of the site consents; (2) In situations presenting imminent danger to public health and safety or the environment; (3) In situations involving inspection of conveyances, if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain an administrative warrant; (4) In any other exceptional or emergency circumstance when time or opportunity to apply for an administrative warrant is lacking; (5) In situations involving conditions that may be observed in an open field, from an area practically open to public access, or in plain view; or (6) In all other situations in which an administrative warrant is not constitutionally required. Amended by Act 2021, No. 749,§ 6, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) An environmental officer under this subchapter may perform one (1) or more of the following duties to ensure compliance with and enforcement of this subchapter: (1) Upon a showing of probable cause regarding environmental violations, and subject to the administrative warrant requirements in subsection (c) of this section, enter upon any public or private property for the purpose of obtaining information or conducting investigations or inspections; (2) Collect evidence of illegal dumping of solid waste and littering and present the evidence to the prosecuting attorney or a court of competent jurisdiction where the offense was committed; and (3) Perform all other duties specified in this subchapter necessary for the administration and enforcement of this subchapter.

(1) Upon a showing of probable cause regarding environmental violations, and subject to the administrative warrant requirements in subsection (c) of this section, enter upon any public or private property for the purpose of obtaining information or conducting investigations or inspections;

(2) Collect evidence of illegal dumping of solid waste and littering and present the evidence to the prosecuting attorney or a court of competent jurisdiction where the offense was committed; and

(3) Perform all other duties specified in this subchapter necessary for the administration and enforcement of this subchapter.

(b) An environmental officer, acting solely under his or her authority as granted in this subchapter, shall not have the power of arrest.

(c) (1) When an environmental officer obtains information that supports probable cause to believe that a violation of a law within his or her regulatory authority is being or has been violated, the environmental officer may demand entry onto any property, public or private, to conduct inspections. (2) If consent to inspect is denied, the environmental officer may obtain an administrative warrant from a judicial officer. (3) The issuance and execution of an administrative warrant under subdivision (c)(2) of this section shall be as follows: (A) A judge or magistrate otherwise authorized to issue search warrants within his or her jurisdiction may, upon proper oath or affirmation showing probable cause, issue an administrative warrant for the purpose of conducting inspections authorized by this subchapter; (B) (i) A judge or magistrate shall issue an administrative warrant only upon an affidavit of an environmental officer having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the administrative warrant. (ii) If the judge or magistrate is satisfied that grounds for the application for an administrative warrant exist or that there is probable cause to believe the grounds exist, he or she shall issue an administrative warrant identifying the site to be inspected, and the purpose of the inspection. (iii) The administrative warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the inspection; (b) Be directed to an environmental officer; (c) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified; (d) Specifically identify any documents or samples to be gathered during the inspection; (e) Direct that it be served during normal business hours unless emergency or extraordinary circumstances compel otherwise; and (f) Designate the judge or magistrate to whom it shall be returned; (C) (i) If appropriate, the administrative warrant may authorize the review and copying of documents that may be relevant to the purpose of the inspection. (ii) (a) If documents must be seized for the purpose of copying, the person serving the administrative warrant shall prepare an inventory of documents taken. (b) The inventory shall be made in the presence of the person executing the administrative warrant and of the person from whose possession or facility the documents were taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative warrant. (c) A copy of the inventory shall be delivered to the person from whom or from whose site the documents were taken. (iii) The seized documents shall be copied as soon as feasible under circumstances preserving their authenticity, then returned to the person from whom the documents were taken; (D) (i) The administrative warrant may authorize the taking of samples of materials generated, stored, or treated at the site. (ii) The person executing the administrative warrant shall prepare an inventory of all samples taken. (iii) In any inspection conducted pursuant to an administrative warrant in which samples are taken, the environmental officer shall make split samples available to the person whose site is being inspected; (E) (i) An administrative warrant issued pursuant to this section is required to be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the judge or magistrate orders otherwise. (ii) The return of the administrative warrant shall be made promptly, accompanied by a written inventory of any documents or samples taken; (F) The judge or magistrate who has issued an administrative warrant shall attach to the administrative warrant a copy of the return and all papers returnable in connection with the administrative warrant and file them with the clerk of the circuit court or district court for the judicial district in which the inspection was made; and (G) A copy of the administrative warrant and all supporting affidavits shall be provided to the person served or left at the entry of the site inspected.

(1) When an environmental officer obtains information that supports probable cause to believe that a violation of a law within his or her regulatory authority is being or has been violated, the environmental officer may demand entry onto any property, public or private, to conduct inspections.

(2) If consent to inspect is denied, the environmental officer may obtain an administrative warrant from a judicial officer.

(3) The issuance and execution of an administrative warrant under subdivision (c)(2) of this section shall be as follows: (A) A judge or magistrate otherwise authorized to issue search warrants within his or her jurisdiction may, upon proper oath or affirmation showing probable cause, issue an administrative warrant for the purpose of conducting inspections authorized by this subchapter; (B) (i) A judge or magistrate shall issue an administrative warrant only upon an affidavit of an environmental officer having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the administrative warrant. (ii) If the judge or magistrate is satisfied that grounds for the application for an administrative warrant exist or that there is probable cause to believe the grounds exist, he or she shall issue an administrative warrant identifying the site to be inspected, and the purpose of the inspection. (iii) The administrative warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the inspection; (b) Be directed to an environmental officer; (c) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified; (d) Specifically identify any documents or samples to be gathered during the inspection; (e) Direct that it be served during normal business hours unless emergency or extraordinary circumstances compel otherwise; and (f) Designate the judge or magistrate to whom it shall be returned; (C) (i) If appropriate, the administrative warrant may authorize the review and copying of documents that may be relevant to the purpose of the inspection. (ii) (a) If documents must be seized for the purpose of copying, the person serving the administrative warrant shall prepare an inventory of documents taken. (b) The inventory shall be made in the presence of the person executing the administrative warrant and of the person from whose possession or facility the documents were taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative warrant. (c) A copy of the inventory shall be delivered to the person from whom or from whose site the documents were taken. (iii) The seized documents shall be copied as soon as feasible under circumstances preserving their authenticity, then returned to the person from whom the documents were taken; (D) (i) The administrative warrant may authorize the taking of samples of materials generated, stored, or treated at the site. (ii) The person executing the administrative warrant shall prepare an inventory of all samples taken. (iii) In any inspection conducted pursuant to an administrative warrant in which samples are taken, the environmental officer shall make split samples available to the person whose site is being inspected; (E) (i) An administrative warrant issued pursuant to this section is required to be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the judge or magistrate orders otherwise. (ii) The return of the administrative warrant shall be made promptly, accompanied by a written inventory of any documents or samples taken; (F) The judge or magistrate who has issued an administrative warrant shall attach to the administrative warrant a copy of the return and all papers returnable in connection with the administrative warrant and file them with the clerk of the circuit court or district court for the judicial district in which the inspection was made; and (G) A copy of the administrative warrant and all supporting affidavits shall be provided to the person served or left at the entry of the site inspected.

(A) A judge or magistrate otherwise authorized to issue search warrants within his or her jurisdiction may, upon proper oath or affirmation showing probable cause, issue an administrative warrant for the purpose of conducting inspections authorized by this subchapter;

(B) (i) A judge or magistrate shall issue an administrative warrant only upon an affidavit of an environmental officer having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the administrative warrant. (ii) If the judge or magistrate is satisfied that grounds for the application for an administrative warrant exist or that there is probable cause to believe the grounds exist, he or she shall issue an administrative warrant identifying the site to be inspected, and the purpose of the inspection. (iii) The administrative warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the inspection; (b) Be directed to an environmental officer; (c) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified; (d) Specifically identify any documents or samples to be gathered during the inspection; (e) Direct that it be served during normal business hours unless emergency or extraordinary circumstances compel otherwise; and (f) Designate the judge or magistrate to whom it shall be returned;

(i) A judge or magistrate shall issue an administrative warrant only upon an affidavit of an environmental officer having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the administrative warrant.

(ii) If the judge or magistrate is satisfied that grounds for the application for an administrative warrant exist or that there is probable cause to believe the grounds exist, he or she shall issue an administrative warrant identifying the site to be inspected, and the purpose of the inspection.

(iii) The administrative warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the inspection; (b) Be directed to an environmental officer; (c) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified; (d) Specifically identify any documents or samples to be gathered during the inspection; (e) Direct that it be served during normal business hours unless emergency or extraordinary circumstances compel otherwise; and (f) Designate the judge or magistrate to whom it shall be returned;

(a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the inspection;

(b) Be directed to an environmental officer;

(c) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified;

(d) Specifically identify any documents or samples to be gathered during the inspection;

(e) Direct that it be served during normal business hours unless emergency or extraordinary circumstances compel otherwise; and

(f) Designate the judge or magistrate to whom it shall be returned;

(C) (i) If appropriate, the administrative warrant may authorize the review and copying of documents that may be relevant to the purpose of the inspection. (ii) (a) If documents must be seized for the purpose of copying, the person serving the administrative warrant shall prepare an inventory of documents taken. (b) The inventory shall be made in the presence of the person executing the administrative warrant and of the person from whose possession or facility the documents were taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative warrant. (c) A copy of the inventory shall be delivered to the person from whom or from whose site the documents were taken. (iii) The seized documents shall be copied as soon as feasible under circumstances preserving their authenticity, then returned to the person from whom the documents were taken;

(i) If appropriate, the administrative warrant may authorize the review and copying of documents that may be relevant to the purpose of the inspection.

(ii) (a) If documents must be seized for the purpose of copying, the person serving the administrative warrant shall prepare an inventory of documents taken. (b) The inventory shall be made in the presence of the person executing the administrative warrant and of the person from whose possession or facility the documents were taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative warrant. (c) A copy of the inventory shall be delivered to the person from whom or from whose site the documents were taken.

(a) If documents must be seized for the purpose of copying, the person serving the administrative warrant shall prepare an inventory of documents taken.

(b) The inventory shall be made in the presence of the person executing the administrative warrant and of the person from whose possession or facility the documents were taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative warrant.

(c) A copy of the inventory shall be delivered to the person from whom or from whose site the documents were taken.

(iii) The seized documents shall be copied as soon as feasible under circumstances preserving their authenticity, then returned to the person from whom the documents were taken;

(D) (i) The administrative warrant may authorize the taking of samples of materials generated, stored, or treated at the site. (ii) The person executing the administrative warrant shall prepare an inventory of all samples taken. (iii) In any inspection conducted pursuant to an administrative warrant in which samples are taken, the environmental officer shall make split samples available to the person whose site is being inspected;

(i) The administrative warrant may authorize the taking of samples of materials generated, stored, or treated at the site.

(ii) The person executing the administrative warrant shall prepare an inventory of all samples taken.

(iii) In any inspection conducted pursuant to an administrative warrant in which samples are taken, the environmental officer shall make split samples available to the person whose site is being inspected;

(E) (i) An administrative warrant issued pursuant to this section is required to be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the judge or magistrate orders otherwise. (ii) The return of the administrative warrant shall be made promptly, accompanied by a written inventory of any documents or samples taken;

(i) An administrative warrant issued pursuant to this section is required to be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the judge or magistrate orders otherwise.

(ii) The return of the administrative warrant shall be made promptly, accompanied by a written inventory of any documents or samples taken;

(F) The judge or magistrate who has issued an administrative warrant shall attach to the administrative warrant a copy of the return and all papers returnable in connection with the administrative warrant and file them with the clerk of the circuit court or district court for the judicial district in which the inspection was made; and

(G) A copy of the administrative warrant and all supporting affidavits shall be provided to the person served or left at the entry of the site inspected.

(d) Notwithstanding subsection (c) of this section, an administrative warrant is not required for any inspection under the following circumstances: (1) If the owner, operator, or agent in charge of the site consents; (2) In situations presenting imminent danger to public health and safety or the environment; (3) In situations involving inspection of conveyances, if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain an administrative warrant; (4) In any other exceptional or emergency circumstance when time or opportunity to apply for an administrative warrant is lacking; (5) In situations involving conditions that may be observed in an open field, from an area practically open to public access, or in plain view; or (6) In all other situations in which an administrative warrant is not constitutionally required.

(1) If the owner, operator, or agent in charge of the site consents;

(2) In situations presenting imminent danger to public health and safety or the environment;

(3) In situations involving inspection of conveyances, if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain an administrative warrant;

(4) In any other exceptional or emergency circumstance when time or opportunity to apply for an administrative warrant is lacking;

(5) In situations involving conditions that may be observed in an open field, from an area practically open to public access, or in plain view; or

(6) In all other situations in which an administrative warrant is not constitutionally required.

Amended by Act 2021, No. 749,§ 6, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-6-1004 — AR Code / Title 8 / Chapter 6 / Subchapter 10 / Section 8-6-1004
Collection of fees
Status: in_force

Fees imposed pursuant to the provisions of this subchapter shall be collected as follows: (1) Each landfill permittee and each solid waste transporter shall submit to the Division of Environmental Quality on or before January 15, April 15, July 15, and October 15 of each year a quarterly report which accurately states the total weight or volume of solid waste received at the landfill or transported out of state during the previous quarter; (2) On or before January 15, April 15, July 15, and October 15 of each year, each landfill permittee and solid waste transporter shall pay to the division the full amount of such disposal fees due for the previous quarter; and (3) The disposal and transportation fees collected pursuant to this section shall be special revenues and shall be deposited into the State Treasury to the credit of the Landfill Post-Closure Trust Fund. Amended by Act 2019, No. 910,§ 2681, eff. 7/1/2019. Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1995, No. 511, § 5.

Fees imposed pursuant to the provisions of this subchapter shall be collected as follows:

(1) Each landfill permittee and each solid waste transporter shall submit to the Division of Environmental Quality on or before January 15, April 15, July 15, and October 15 of each year a quarterly report which accurately states the total weight or volume of solid waste received at the landfill or transported out of state during the previous quarter;

(2) On or before January 15, April 15, July 15, and October 15 of each year, each landfill permittee and solid waste transporter shall pay to the division the full amount of such disposal fees due for the previous quarter; and

(3) The disposal and transportation fees collected pursuant to this section shall be special revenues and shall be deposited into the State Treasury to the credit of the Landfill Post-Closure Trust Fund.

Amended by Act 2019, No. 910,§ 2681, eff. 7/1/2019.

Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1995, No. 511, § 5.
Ark. Code Ann. § 8-10-405 — AR Code / Title 8 / Chapter 10 / Subchapter 4 / Section 8-10-405
Risk mitigation and response plan
Status: in_force

(a) An owner or operator of a petroleum pipeline is encouraged to create a detailed risk mitigation and response plan for each petroleum pipeline in the watershed of a public surface water supply. (b) An effective risk mitigation and response plan under subsection (a) of this section: (1) States clearly each party responsible for implementing the risk mitigation and response plan on behalf of the petroleum pipeline owner or operator; and (2) Includes at least the following: (A) Quarterly visual inspection of each petroleum pipeline; (B) An early notification system for each relevant public water provider; (C) Plans for the construction of containment berms; (D) Detailed information on the product being carried in each petroleum pipeline; (E) The annual training requirements for emergency response personnel; and (F) A safety-related capital improvement plan that includes without limitation the following: (i) The removal of aboveground petroleum pipeline crossings; (ii) The installation of additional valves and valve controls; and (iii) The construction of additional response structures and facilities. (c) The petroleum pipeline owner or operator is encouraged to submit any risk mitigation and response plan developed under this section to the Department of Health and the appropriate public water provider for comment. Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.

(a) An owner or operator of a petroleum pipeline is encouraged to create a detailed risk mitigation and response plan for each petroleum pipeline in the watershed of a public surface water supply.

(b) An effective risk mitigation and response plan under subsection (a) of this section: (1) States clearly each party responsible for implementing the risk mitigation and response plan on behalf of the petroleum pipeline owner or operator; and (2) Includes at least the following: (A) Quarterly visual inspection of each petroleum pipeline; (B) An early notification system for each relevant public water provider; (C) Plans for the construction of containment berms; (D) Detailed information on the product being carried in each petroleum pipeline; (E) The annual training requirements for emergency response personnel; and (F) A safety-related capital improvement plan that includes without limitation the following: (i) The removal of aboveground petroleum pipeline crossings; (ii) The installation of additional valves and valve controls; and (iii) The construction of additional response structures and facilities.

(1) States clearly each party responsible for implementing the risk mitigation and response plan on behalf of the petroleum pipeline owner or operator; and

(2) Includes at least the following: (A) Quarterly visual inspection of each petroleum pipeline; (B) An early notification system for each relevant public water provider; (C) Plans for the construction of containment berms; (D) Detailed information on the product being carried in each petroleum pipeline; (E) The annual training requirements for emergency response personnel; and (F) A safety-related capital improvement plan that includes without limitation the following: (i) The removal of aboveground petroleum pipeline crossings; (ii) The installation of additional valves and valve controls; and (iii) The construction of additional response structures and facilities.

(A) Quarterly visual inspection of each petroleum pipeline;

(B) An early notification system for each relevant public water provider;

(C) Plans for the construction of containment berms;

(D) Detailed information on the product being carried in each petroleum pipeline;

(E) The annual training requirements for emergency response personnel; and

(F) A safety-related capital improvement plan that includes without limitation the following: (i) The removal of aboveground petroleum pipeline crossings; (ii) The installation of additional valves and valve controls; and (iii) The construction of additional response structures and facilities.

(i) The removal of aboveground petroleum pipeline crossings;

(ii) The installation of additional valves and valve controls; and

(iii) The construction of additional response structures and facilities.

(c) The petroleum pipeline owner or operator is encouraged to submit any risk mitigation and response plan developed under this section to the Department of Health and the appropriate public water provider for comment.

Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-7-501 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-501
Title
Status: in_force

This subchapter may be known and may be cited as the "Remedial Action Trust Fund Act". Acts 1985, No. 479, § 1; A.S.A. 1947, § 82-4712.

This subchapter may be known and may be cited as the "Remedial Action Trust Fund Act".

Acts 1985, No. 479, § 1; A.S.A. 1947, § 82-4712.