Ark. Code Ann. § 8-1-107 — AR Code / Title 8 / Chapter 1 / Subchapter 1 / Section 8-1-107
Inspections - Definitions - Investigations - Inspection warrant - Exceptions - Penalties
Status: in_force

(a) General. Whenever it shall be necessary for the purpose of implementing or monitoring the enforcement of any law charged to the authority of the Division of Environmental Quality, any authorized employee or agent of the division may enter upon any public or private property for the purpose of obtaining information or conducting investigations or inspections, subject to the following provisions. (b) Definitions. As used in this section, the following terms shall have these ascribed meanings: (1) "Administrative inspections" means investigation by division personnel at facilities operating within the division's apparent regulatory jurisdiction; (2) "Facility" means the public or private area, premises, curtilage, building, or conveyance described as the subject of administrative inspection; (3) "Pervasively regulated facility or activity" means the activity or facility that is the location of activity authorized by the division through a permit, license, certification, or operational status approval; and (4) (A) "Probable cause" means showing that an administrative search limited in scope is necessary to ensure compliance with or enforcement of laws, rules, federal regulations, or orders charged to the division for implementation. (B) For the purpose of conducting administrative inspections or applying for administrative warrants, probable cause may be provided to the division through complaints or other means that reasonably justify a limited and controlled administrative inspection. (c) Administrative Inspections. (1) (A) Whenever the division obtains information that supports reasonable cause to believe that a violation of any law within its regulatory authority is being or has been violated, or that unauthorized regulated conduct is occurring or has occurred, division personnel or its agents may demand entry onto any property, public or private, to inspect any facility. (B) The division's investigation or inspection shall be limited to that necessary to confirm or deny the cause which prompted the investigation or inspection, and shall be conducted during daylight, during regular business hours, or, under emergency or extraordinary circumstances, at a time necessary to observe the suspected violation or unauthorized conduct. (C) Except under emergency circumstances, the division shall inform such facility's owner or agent of all information which forms the basis of its probable cause at the time of the inspection. (2) Nothing in this subsection shall be construed as requiring the division to forfeit the element of surprise in its inspection efforts. (3) Also, nothing in this section shall be construed as limiting the frequency of the periodic or random inspections of pervasively regulated facilities or activities. (4) For the purpose of this section, a rebuttable presumption concerning the jurisdiction of the division's regulatory authority is established as it regards the division's authority to inspect any facility. (d) Administrative Inspection Warrants. If consent to inspect is denied, the division may obtain an administrative inspection warrant from a judicial officer. Issuance and execution of administrative inspection warrants shall be as follows: (1) Any judicial officer otherwise authorized to issue search warrants within his or her jurisdiction may, upon proper oath or affirmation showing probable cause as defined by this section, issue administrative inspection warrants for the purpose of conducting administrative inspections authorized by any law, rule, or federal regulation administered by the division; (2) An administrative inspection warrant shall issue only upon an affidavit of a division official, employee, or agent having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the administrative inspection warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue an administrative inspection warrant identifying the facility to be inspected, and the purpose of the inspection. The administrative inspection warrant shall: (A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the administrative inspection; (B) Be directed to a division officer or employee; (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 administrative 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; (3) If appropriate, the administrative inspection warrant may authorize the review and copying of documents which may be relevant to the purpose of the administrative inspection. If documents must be seized for the purpose of copying, the person serving the administrative inspection warrant shall prepare an inventory of documents taken. The inventory shall be made in the presence of the person executing the administrative inspection 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 inspection warrant. A copy of the inventory shall be delivered to the person from whom or from whose facility the documents were taken. 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; (4) The administrative inspection warrant may authorize the taking of samples of materials generated, stored, or treated at the facility, or of the water, air, or soils within the facility's control or that may have been affected by the facility's operations. The person executing the administrative inspection warrant shall prepare an inventory of all samples taken. In any inspection conducted pursuant to an administrative inspection warrant in which the samples are taken, the division shall make split samples available to the person whose facility is being inspected; (5) An administrative inspection warrant issued pursuant to this section must be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. The return of the administrative inspection warrant shall be made promptly, accompanied by a written inventory of any documents or samples taken; (6) The judge or magistrate who has issued an administrative inspection warrant shall attach to the administrative inspection warrant a copy of the return and all papers returnable in connection with the administrative inspection warrant and file them with the clerk of the circuit court for the judicial district in which the administrative inspection was made; (7) This subsection does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with duly adopted administrative procedures; and (8) A copy of the administrative inspection warrant and all supporting affidavits shall be provided to the person served, or left at the entry of the facility inspected. (e) Administrative Inspection Warrants - Exceptions. Notwithstanding subsection (d) of this section, an administrative inspection warrant shall not be required for any inspection, including the review and copying of documents and taking of samples, under the following circumstances: (1) For pervasively regulated facilities or activities as defined by this section whose permit, license, certification, or operational approval from the division provides notice that the division may inspect regulated activities to assure compliance. If the division has reason to believe that a violation of any law has or is occurring, the basis for such belief shall be communicated at the time of the inspection; (2) If the owner, operator, or agent in charge of the facility consents; (3) In situations presenting imminent danger to public health and safety or the environment; (4) 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 inspection warrant; (5) In any other exception or emergency circumstance when time or opportunity to apply for an administrative inspection warrant is lacking; (6) 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 (7) In all other situations in which an administrative inspection warrant is not constitutionally required. (f) Penalties. Any knowing refusal of right of entry and inspection to division personnel as set out in this section is a violation subject to a fine of up to five thousand dollars ($5,000) or civil penalties up to five thousand dollars ($5,000). Amended by Act 2021, No. 812,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 435, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 434, eff. 7/24/2019. Amended by Act 2019, No. 807,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2429, eff. 7/1/2019. Acts 1991, No. 1076, § 2.

(a) General. Whenever it shall be necessary for the purpose of implementing or monitoring the enforcement of any law charged to the authority of the Division of Environmental Quality, any authorized employee or agent of the division may enter upon any public or private property for the purpose of obtaining information or conducting investigations or inspections, subject to the following provisions.

(b) Definitions. As used in this section, the following terms shall have these ascribed meanings: (1) "Administrative inspections" means investigation by division personnel at facilities operating within the division's apparent regulatory jurisdiction; (2) "Facility" means the public or private area, premises, curtilage, building, or conveyance described as the subject of administrative inspection; (3) "Pervasively regulated facility or activity" means the activity or facility that is the location of activity authorized by the division through a permit, license, certification, or operational status approval; and (4) (A) "Probable cause" means showing that an administrative search limited in scope is necessary to ensure compliance with or enforcement of laws, rules, federal regulations, or orders charged to the division for implementation. (B) For the purpose of conducting administrative inspections or applying for administrative warrants, probable cause may be provided to the division through complaints or other means that reasonably justify a limited and controlled administrative inspection.

(1) "Administrative inspections" means investigation by division personnel at facilities operating within the division's apparent regulatory jurisdiction;

(2) "Facility" means the public or private area, premises, curtilage, building, or conveyance described as the subject of administrative inspection;

(3) "Pervasively regulated facility or activity" means the activity or facility that is the location of activity authorized by the division through a permit, license, certification, or operational status approval; and

(4) (A) "Probable cause" means showing that an administrative search limited in scope is necessary to ensure compliance with or enforcement of laws, rules, federal regulations, or orders charged to the division for implementation. (B) For the purpose of conducting administrative inspections or applying for administrative warrants, probable cause may be provided to the division through complaints or other means that reasonably justify a limited and controlled administrative inspection.

(A) "Probable cause" means showing that an administrative search limited in scope is necessary to ensure compliance with or enforcement of laws, rules, federal regulations, or orders charged to the division for implementation.

(B) For the purpose of conducting administrative inspections or applying for administrative warrants, probable cause may be provided to the division through complaints or other means that reasonably justify a limited and controlled administrative inspection.

(c) Administrative Inspections. (1) (A) Whenever the division obtains information that supports reasonable cause to believe that a violation of any law within its regulatory authority is being or has been violated, or that unauthorized regulated conduct is occurring or has occurred, division personnel or its agents may demand entry onto any property, public or private, to inspect any facility. (B) The division's investigation or inspection shall be limited to that necessary to confirm or deny the cause which prompted the investigation or inspection, and shall be conducted during daylight, during regular business hours, or, under emergency or extraordinary circumstances, at a time necessary to observe the suspected violation or unauthorized conduct. (C) Except under emergency circumstances, the division shall inform such facility's owner or agent of all information which forms the basis of its probable cause at the time of the inspection. (2) Nothing in this subsection shall be construed as requiring the division to forfeit the element of surprise in its inspection efforts. (3) Also, nothing in this section shall be construed as limiting the frequency of the periodic or random inspections of pervasively regulated facilities or activities. (4) For the purpose of this section, a rebuttable presumption concerning the jurisdiction of the division's regulatory authority is established as it regards the division's authority to inspect any facility.

(1) (A) Whenever the division obtains information that supports reasonable cause to believe that a violation of any law within its regulatory authority is being or has been violated, or that unauthorized regulated conduct is occurring or has occurred, division personnel or its agents may demand entry onto any property, public or private, to inspect any facility. (B) The division's investigation or inspection shall be limited to that necessary to confirm or deny the cause which prompted the investigation or inspection, and shall be conducted during daylight, during regular business hours, or, under emergency or extraordinary circumstances, at a time necessary to observe the suspected violation or unauthorized conduct. (C) Except under emergency circumstances, the division shall inform such facility's owner or agent of all information which forms the basis of its probable cause at the time of the inspection.

(A) Whenever the division obtains information that supports reasonable cause to believe that a violation of any law within its regulatory authority is being or has been violated, or that unauthorized regulated conduct is occurring or has occurred, division personnel or its agents may demand entry onto any property, public or private, to inspect any facility.

(B) The division's investigation or inspection shall be limited to that necessary to confirm or deny the cause which prompted the investigation or inspection, and shall be conducted during daylight, during regular business hours, or, under emergency or extraordinary circumstances, at a time necessary to observe the suspected violation or unauthorized conduct.

(C) Except under emergency circumstances, the division shall inform such facility's owner or agent of all information which forms the basis of its probable cause at the time of the inspection.

(2) Nothing in this subsection shall be construed as requiring the division to forfeit the element of surprise in its inspection efforts.

(3) Also, nothing in this section shall be construed as limiting the frequency of the periodic or random inspections of pervasively regulated facilities or activities.

(4) For the purpose of this section, a rebuttable presumption concerning the jurisdiction of the division's regulatory authority is established as it regards the division's authority to inspect any facility.

(d) Administrative Inspection Warrants. If consent to inspect is denied, the division may obtain an administrative inspection warrant from a judicial officer. Issuance and execution of administrative inspection warrants shall be as follows: (1) Any judicial officer otherwise authorized to issue search warrants within his or her jurisdiction may, upon proper oath or affirmation showing probable cause as defined by this section, issue administrative inspection warrants for the purpose of conducting administrative inspections authorized by any law, rule, or federal regulation administered by the division; (2) An administrative inspection warrant shall issue only upon an affidavit of a division official, employee, or agent having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the administrative inspection warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue an administrative inspection warrant identifying the facility to be inspected, and the purpose of the inspection. The administrative inspection warrant shall: (A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the administrative inspection; (B) Be directed to a division officer or employee; (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 administrative 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; (3) If appropriate, the administrative inspection warrant may authorize the review and copying of documents which may be relevant to the purpose of the administrative inspection. If documents must be seized for the purpose of copying, the person serving the administrative inspection warrant shall prepare an inventory of documents taken. The inventory shall be made in the presence of the person executing the administrative inspection 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 inspection warrant. A copy of the inventory shall be delivered to the person from whom or from whose facility the documents were taken. 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; (4) The administrative inspection warrant may authorize the taking of samples of materials generated, stored, or treated at the facility, or of the water, air, or soils within the facility's control or that may have been affected by the facility's operations. The person executing the administrative inspection warrant shall prepare an inventory of all samples taken. In any inspection conducted pursuant to an administrative inspection warrant in which the samples are taken, the division shall make split samples available to the person whose facility is being inspected; (5) An administrative inspection warrant issued pursuant to this section must be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. The return of the administrative inspection warrant shall be made promptly, accompanied by a written inventory of any documents or samples taken; (6) The judge or magistrate who has issued an administrative inspection warrant shall attach to the administrative inspection warrant a copy of the return and all papers returnable in connection with the administrative inspection warrant and file them with the clerk of the circuit court for the judicial district in which the administrative inspection was made; (7) This subsection does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with duly adopted administrative procedures; and (8) A copy of the administrative inspection warrant and all supporting affidavits shall be provided to the person served, or left at the entry of the facility inspected.

(1) Any judicial officer otherwise authorized to issue search warrants within his or her jurisdiction may, upon proper oath or affirmation showing probable cause as defined by this section, issue administrative inspection warrants for the purpose of conducting administrative inspections authorized by any law, rule, or federal regulation administered by the division;

(2) An administrative inspection warrant shall issue only upon an affidavit of a division official, employee, or agent having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the administrative inspection warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue an administrative inspection warrant identifying the facility to be inspected, and the purpose of the inspection. The administrative inspection warrant shall: (A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of the administrative inspection; (B) Be directed to a division officer or employee; (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 administrative 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 administrative inspection;

(B) Be directed to a division officer or employee;

(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 administrative 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;

(3) If appropriate, the administrative inspection warrant may authorize the review and copying of documents which may be relevant to the purpose of the administrative inspection. If documents must be seized for the purpose of copying, the person serving the administrative inspection warrant shall prepare an inventory of documents taken. The inventory shall be made in the presence of the person executing the administrative inspection 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 inspection warrant. A copy of the inventory shall be delivered to the person from whom or from whose facility the documents were taken. 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;

(4) The administrative inspection warrant may authorize the taking of samples of materials generated, stored, or treated at the facility, or of the water, air, or soils within the facility's control or that may have been affected by the facility's operations. The person executing the administrative inspection warrant shall prepare an inventory of all samples taken. In any inspection conducted pursuant to an administrative inspection warrant in which the samples are taken, the division shall make split samples available to the person whose facility is being inspected;

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

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

(7) This subsection does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with duly adopted administrative procedures; and

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

(e) Administrative Inspection Warrants - Exceptions. Notwithstanding subsection (d) of this section, an administrative inspection warrant shall not be required for any inspection, including the review and copying of documents and taking of samples, under the following circumstances: (1) For pervasively regulated facilities or activities as defined by this section whose permit, license, certification, or operational approval from the division provides notice that the division may inspect regulated activities to assure compliance. If the division has reason to believe that a violation of any law has or is occurring, the basis for such belief shall be communicated at the time of the inspection; (2) If the owner, operator, or agent in charge of the facility consents; (3) In situations presenting imminent danger to public health and safety or the environment; (4) 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 inspection warrant; (5) In any other exception or emergency circumstance when time or opportunity to apply for an administrative inspection warrant is lacking; (6) 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 (7) In all other situations in which an administrative inspection warrant is not constitutionally required.

(1) For pervasively regulated facilities or activities as defined by this section whose permit, license, certification, or operational approval from the division provides notice that the division may inspect regulated activities to assure compliance. If the division has reason to believe that a violation of any law has or is occurring, the basis for such belief shall be communicated at the time of the inspection;

(2) If the owner, operator, or agent in charge of the facility consents;

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

(4) 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 inspection warrant;

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

(6) 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

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

(f) Penalties. Any knowing refusal of right of entry and inspection to division personnel as set out in this section is a violation subject to a fine of up to five thousand dollars ($5,000) or civil penalties up to five thousand dollars ($5,000).

Amended by Act 2021, No. 812,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 435, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 434, eff. 7/24/2019.

Amended by Act 2019, No. 807,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2429, eff. 7/1/2019.

Acts 1991, No. 1076, § 2.
Ark. Code Ann. § 8-9-505 — AR Code / Title 8 / Chapter 9 / Subchapter 5 / Section 8-9-505
[Repealed]
Status: repealed

Repealed by Act 2019, No. 976,§ 1, eff. 7/24/2019. Acts 1993, No. 991, § 5.

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

Acts 1993, No. 991, § 5.
Ark. Code Ann. § 8-9-405 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-405
Used tire program reimbursements
Status: in_force

(a) The Division of Environmental Quality shall establish the Used Tire Recycling and Accountability Program to: (1) Reimburse used tire programs for used tire recycling and disposal costs; (2) Incentivize recycling used tires collected under this subchapter; (3) Provide accountability for the disbursement of moneys to used tire programs; and (4) Otherwise improve the sustainability of used tire programs. (b) To be eligible for reimbursements under this subchapter, a used tire program shall: (1) Be included in the solid waste management system under § 8-9-101 et seq. for each regional solid waste management district that the used tire program serves; (2) Have a used tire management plan for each regional solid waste management district that the used tire program serves to include without limitation a schedule for identification and cleanup of waste tire sites that is updated until abatement of each identified waste tire site is completed; (3) Be included in each regional solid waste management district's recycling program under § 8-9-203 that the used tire program serves; (4) If operated by a political subdivision of the state or other public entity: (A) Use the financial management system under § 14-21-101 et seq.; (B) Comply with the county purchasing procedures under § 14-22-101 et seq.; (C) Comply with the Arkansas County Accounting Law of 1973, § 14-25-101 et seq.; and (D) Comply with the Local Fiscal Management Responsibility Act, § 14-77-101 et seq.; (5) Be operated in compliance with this subchapter and all other laws and rules related to the administration of solid waste management systems and recycling programs in Arkansas; (6) Encourage the voluntary establishment of tire collection centers at tire retailers, tire processing facilities, and solid waste disposal facilities for the deposit of tires generated in the state; (7) Provide the division with business plan information required under § 8-9-408 ; (8) Provide the division with all quarterly financial information and progress reports related to § 8-9-409 ; (9) (A) Establish tire collection centers within each county served by the used tire program that accepts tires from tire retailers at no charge if the tire retailer establishes that it: (i) Collects the rim removal fee imposed under § 8-9-404(a) ; and (ii) Complies with the electronic uniform used tire manifest system under § 8-9-407 . (B) The tire collection centers under this subdivision (b)(9) may be at any one (1) or more of the following: (i) A solid waste disposal facility; (ii) A tire processing facility; or (iii) A tire retailer; and (10) Establish at least one (1) tire collection center within each county served by the used tire program. (c) A used tire program that receives reimbursements under this section may: (1) Contract with a tire processing facility that is approved by the Director of the Division of Environmental Quality; (2) Remove or contract for the removal of tires from waste tire sites within the regional solid waste management district; (3) Provide incentives for establishing privately operated tire collection centers for the public; and (4) Form an inter-district used tire program. (d) Moneys disbursed from the Used Tire Recycling Fund by the division for reimbursements under this section shall be: (1) Distributed as provided under this section only to the used tire programs that comply with all applicable requirements in this subchapter related to the operation of used tire programs; (2) Based on moneys available in the fund, the approved business plan rate, quarterly financial reports, and other documentation submitted by the used tire programs; and (3) Made on a quarterly basis to the used tire programs. (e) (1) Quarterly disbursements from the fund shall be paid each quarter from all moneys available for disbursement in that quarter. (2) If there are insufficient moneys available in a quarter to make reimbursements for all submitted requests under subsection (f) of this section, the division shall calculate the total remaining funding available and allocate the moneys available for reimbursement to each used tire program based on a pro rata share of each used tire program's reimbursement request compared to the total moneys available. (3) (A) The Arkansas Pollution Control and Ecology Commission may increase reimbursement rates if the director recommends an increase because of one (1) or more of the following: (i) The relevant consumer price index for the preceding calendar year exceeded the consumer price index for calendar year 2018; or (ii) The used tire programs have established an increase in operation costs. (B) An increase to any reimbursement rate under subsection (f) of this section shall not exceed ten percent (10%) each calendar year. (f) Based on data received from the electronic uniform used tire manifest system and quarterly reports, the funding for reimbursement for processing, recycling, or disposing of used tires at the approved business plan rate may be available from the fund for used tire programs that are in compliance with all applicable requirements of this subchapter. (g) At the request of a used tire program that needs operational assistance or guidance on compliance with this subchapter, the division shall provide to the used tire program operational assistance or guidance on compliance with this subchapter. (h) The division shall: (1) Develop market opportunities for beneficial use of used tire material; and (2) Educate the public on the Used Tire Recycling and Accountability Program. Amended by Act 2023, No. 713,§ 4, eff. 4/11/2023. Amended by Act 2019, No. 315,§ 689, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 11, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 39, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2883, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2882, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2881, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2880, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2879, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2878, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2877, eff. 7/1/2019. Amended by Act 2017, No. 317,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 840,§ 3, eff. 7/22/2015. Acts 1991, No. 749, § 1; 1995, No. 1315, § 4; 1997, No. 1292, § 4; 1999, No. 775, § 1; 2003, No. 1304, § 4.

(a) The Division of Environmental Quality shall establish the Used Tire Recycling and Accountability Program to: (1) Reimburse used tire programs for used tire recycling and disposal costs; (2) Incentivize recycling used tires collected under this subchapter; (3) Provide accountability for the disbursement of moneys to used tire programs; and (4) Otherwise improve the sustainability of used tire programs.

(1) Reimburse used tire programs for used tire recycling and disposal costs;

(2) Incentivize recycling used tires collected under this subchapter;

(3) Provide accountability for the disbursement of moneys to used tire programs; and

(4) Otherwise improve the sustainability of used tire programs.

(b) To be eligible for reimbursements under this subchapter, a used tire program shall: (1) Be included in the solid waste management system under § 8-9-101 et seq. for each regional solid waste management district that the used tire program serves; (2) Have a used tire management plan for each regional solid waste management district that the used tire program serves to include without limitation a schedule for identification and cleanup of waste tire sites that is updated until abatement of each identified waste tire site is completed; (3) Be included in each regional solid waste management district's recycling program under § 8-9-203 that the used tire program serves; (4) If operated by a political subdivision of the state or other public entity: (A) Use the financial management system under § 14-21-101 et seq.; (B) Comply with the county purchasing procedures under § 14-22-101 et seq.; (C) Comply with the Arkansas County Accounting Law of 1973, § 14-25-101 et seq.; and (D) Comply with the Local Fiscal Management Responsibility Act, § 14-77-101 et seq.; (5) Be operated in compliance with this subchapter and all other laws and rules related to the administration of solid waste management systems and recycling programs in Arkansas; (6) Encourage the voluntary establishment of tire collection centers at tire retailers, tire processing facilities, and solid waste disposal facilities for the deposit of tires generated in the state; (7) Provide the division with business plan information required under § 8-9-408 ; (8) Provide the division with all quarterly financial information and progress reports related to § 8-9-409 ; (9) (A) Establish tire collection centers within each county served by the used tire program that accepts tires from tire retailers at no charge if the tire retailer establishes that it: (i) Collects the rim removal fee imposed under § 8-9-404(a) ; and (ii) Complies with the electronic uniform used tire manifest system under § 8-9-407 . (B) The tire collection centers under this subdivision (b)(9) may be at any one (1) or more of the following: (i) A solid waste disposal facility; (ii) A tire processing facility; or (iii) A tire retailer; and (10) Establish at least one (1) tire collection center within each county served by the used tire program.

(1) Be included in the solid waste management system under § 8-9-101 et seq. for each regional solid waste management district that the used tire program serves;

(2) Have a used tire management plan for each regional solid waste management district that the used tire program serves to include without limitation a schedule for identification and cleanup of waste tire sites that is updated until abatement of each identified waste tire site is completed;

(3) Be included in each regional solid waste management district's recycling program under § 8-9-203 that the used tire program serves;

(4) If operated by a political subdivision of the state or other public entity: (A) Use the financial management system under § 14-21-101 et seq.; (B) Comply with the county purchasing procedures under § 14-22-101 et seq.; (C) Comply with the Arkansas County Accounting Law of 1973, § 14-25-101 et seq.; and (D) Comply with the Local Fiscal Management Responsibility Act, § 14-77-101 et seq.;

(A) Use the financial management system under § 14-21-101 et seq.;

(B) Comply with the county purchasing procedures under § 14-22-101 et seq.;

(C) Comply with the Arkansas County Accounting Law of 1973, § 14-25-101 et seq.; and

(D) Comply with the Local Fiscal Management Responsibility Act, § 14-77-101 et seq.;

(5) Be operated in compliance with this subchapter and all other laws and rules related to the administration of solid waste management systems and recycling programs in Arkansas;

(6) Encourage the voluntary establishment of tire collection centers at tire retailers, tire processing facilities, and solid waste disposal facilities for the deposit of tires generated in the state;

(7) Provide the division with business plan information required under § 8-9-408 ;

(8) Provide the division with all quarterly financial information and progress reports related to § 8-9-409 ;

(9) (A) Establish tire collection centers within each county served by the used tire program that accepts tires from tire retailers at no charge if the tire retailer establishes that it: (i) Collects the rim removal fee imposed under § 8-9-404(a) ; and (ii) Complies with the electronic uniform used tire manifest system under § 8-9-407 . (B) The tire collection centers under this subdivision (b)(9) may be at any one (1) or more of the following: (i) A solid waste disposal facility; (ii) A tire processing facility; or (iii) A tire retailer; and

(A) Establish tire collection centers within each county served by the used tire program that accepts tires from tire retailers at no charge if the tire retailer establishes that it: (i) Collects the rim removal fee imposed under § 8-9-404(a) ; and (ii) Complies with the electronic uniform used tire manifest system under § 8-9-407 .

(i) Collects the rim removal fee imposed under § 8-9-404(a) ; and

(ii) Complies with the electronic uniform used tire manifest system under § 8-9-407 .

(B) The tire collection centers under this subdivision (b)(9) may be at any one (1) or more of the following: (i) A solid waste disposal facility; (ii) A tire processing facility; or (iii) A tire retailer; and

(i) A solid waste disposal facility;

(ii) A tire processing facility; or

(iii) A tire retailer; and

(10) Establish at least one (1) tire collection center within each county served by the used tire program.

(c) A used tire program that receives reimbursements under this section may: (1) Contract with a tire processing facility that is approved by the Director of the Division of Environmental Quality; (2) Remove or contract for the removal of tires from waste tire sites within the regional solid waste management district; (3) Provide incentives for establishing privately operated tire collection centers for the public; and (4) Form an inter-district used tire program.

(1) Contract with a tire processing facility that is approved by the Director of the Division of Environmental Quality;

(2) Remove or contract for the removal of tires from waste tire sites within the regional solid waste management district;

(3) Provide incentives for establishing privately operated tire collection centers for the public; and

(4) Form an inter-district used tire program.

(d) Moneys disbursed from the Used Tire Recycling Fund by the division for reimbursements under this section shall be: (1) Distributed as provided under this section only to the used tire programs that comply with all applicable requirements in this subchapter related to the operation of used tire programs; (2) Based on moneys available in the fund, the approved business plan rate, quarterly financial reports, and other documentation submitted by the used tire programs; and (3) Made on a quarterly basis to the used tire programs.

(1) Distributed as provided under this section only to the used tire programs that comply with all applicable requirements in this subchapter related to the operation of used tire programs;

(2) Based on moneys available in the fund, the approved business plan rate, quarterly financial reports, and other documentation submitted by the used tire programs; and

(3) Made on a quarterly basis to the used tire programs.

(e) (1) Quarterly disbursements from the fund shall be paid each quarter from all moneys available for disbursement in that quarter. (2) If there are insufficient moneys available in a quarter to make reimbursements for all submitted requests under subsection (f) of this section, the division shall calculate the total remaining funding available and allocate the moneys available for reimbursement to each used tire program based on a pro rata share of each used tire program's reimbursement request compared to the total moneys available. (3) (A) The Arkansas Pollution Control and Ecology Commission may increase reimbursement rates if the director recommends an increase because of one (1) or more of the following: (i) The relevant consumer price index for the preceding calendar year exceeded the consumer price index for calendar year 2018; or (ii) The used tire programs have established an increase in operation costs. (B) An increase to any reimbursement rate under subsection (f) of this section shall not exceed ten percent (10%) each calendar year.

(1) Quarterly disbursements from the fund shall be paid each quarter from all moneys available for disbursement in that quarter.

(2) If there are insufficient moneys available in a quarter to make reimbursements for all submitted requests under subsection (f) of this section, the division shall calculate the total remaining funding available and allocate the moneys available for reimbursement to each used tire program based on a pro rata share of each used tire program's reimbursement request compared to the total moneys available.

(3) (A) The Arkansas Pollution Control and Ecology Commission may increase reimbursement rates if the director recommends an increase because of one (1) or more of the following: (i) The relevant consumer price index for the preceding calendar year exceeded the consumer price index for calendar year 2018; or (ii) The used tire programs have established an increase in operation costs. (B) An increase to any reimbursement rate under subsection (f) of this section shall not exceed ten percent (10%) each calendar year.

(A) The Arkansas Pollution Control and Ecology Commission may increase reimbursement rates if the director recommends an increase because of one (1) or more of the following: (i) The relevant consumer price index for the preceding calendar year exceeded the consumer price index for calendar year 2018; or (ii) The used tire programs have established an increase in operation costs.

(i) The relevant consumer price index for the preceding calendar year exceeded the consumer price index for calendar year 2018; or

(ii) The used tire programs have established an increase in operation costs.

(B) An increase to any reimbursement rate under subsection (f) of this section shall not exceed ten percent (10%) each calendar year.

(f) Based on data received from the electronic uniform used tire manifest system and quarterly reports, the funding for reimbursement for processing, recycling, or disposing of used tires at the approved business plan rate may be available from the fund for used tire programs that are in compliance with all applicable requirements of this subchapter.

(g) At the request of a used tire program that needs operational assistance or guidance on compliance with this subchapter, the division shall provide to the used tire program operational assistance or guidance on compliance with this subchapter.

(h) The division shall: (1) Develop market opportunities for beneficial use of used tire material; and (2) Educate the public on the Used Tire Recycling and Accountability Program.

(1) Develop market opportunities for beneficial use of used tire material; and

(2) Educate the public on the Used Tire Recycling and Accountability Program.

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

Amended by Act 2019, No. 315,§ 689, eff. 7/24/2019.

Amended by Act 2019, No. 980,§ 11, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 39, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2883, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2882, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2881, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2880, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2879, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2878, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2877, eff. 7/1/2019.

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

Amended by Act 2015, No. 840,§ 3, eff. 7/22/2015.

Acts 1991, No. 749, § 1; 1995, No. 1315, § 4; 1997, No. 1292, § 4; 1999, No. 775, § 1; 2003, No. 1304, § 4.
Ark. Code Ann. § 8-9-706 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-706
[Repealed]
Status: repealed

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

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

Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 8-5-612 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-612
Wastewater projects and solid waste disposal projects are industrial facilities for other acts
Status: in_force

For purposes of any other law, including without limitation, the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., "facilities" or a similar term includes a wastewater project or solid waste disposal project as those terms are defined in this subchapter, so that any law adopted authorizing the issuance of industrial development bonds, industrial development revenue bonds, or similar evidences of indebtedness shall be available for utilization in connection with a privatization project. Acts 1985, No. 690, § 8; A.S.A. 1947, § 82-1992.7; Acts 1991, No. 629, § 8.

For purposes of any other law, including without limitation, the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., "facilities" or a similar term includes a wastewater project or solid waste disposal project as those terms are defined in this subchapter, so that any law adopted authorizing the issuance of industrial development bonds, industrial development revenue bonds, or similar evidences of indebtedness shall be available for utilization in connection with a privatization project.

Acts 1985, No. 690, § 8; A.S.A. 1947, § 82-1992.7; Acts 1991, No. 629, § 8.
Ark. Code Ann. § 8-6-714 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-714
Rents, fees, and charges
Status: in_force

(a) (1) (A) A regional solid waste management board may fix, charge, and collect rents, fees, and charges of no more than two dollars ($2.00) per ton of solid waste related to the movement or disposal of solid waste within the regional solid waste management district, including without limitation fees and charges: (i) Related to the district's direct involvement with the district's disposal or treatment; or (ii) That support the district's management of the solid waste needs of the district. (B) The board may fix, charge, and collect fees or charges under subdivision (a)(1)(A)(ii) of this section only if the board: (i) Employs or otherwise makes available from another agency an enforcement officer to: (a) Enforce all local ordinances, statutes, rules, and regulations for which the district has been previously given enforcement authority regarding solid waste, including the Environmental Compliance Resource Act, § 8-6-2001 et seq.; and (b) Seek to prevent and to identify and eliminate illegal dump sites; (ii) Has a program for household hazardous waste collection and disposal; and (iii) Has a program for recycling that includes rural areas of the district and the recycling of bulky waste. (2) The board may fix, charge, and collect fees or charges for solid waste generated: (A) Within or without the district delivered to a landfill or transfer station within the district, regardless of whether the disposal facilities are owned or operated by the district; or (B) Within the district but delivered to a location outside the district. (3) The board may fix, charge, and collect penalties from entities that fail to timely remit rents, fees, and charges under this section. (4) Solid waste generated within one (1) district and delivered to another district for disposal may be assessed a fee as follows: (A) Either the district in which the solid waste was generated or a district in which the same solid waste is transported, stored, managed, or disposed may assess the fee; (B) The fee may be assessed against the generator, transporter, or disposal facility; and (C) Each ton or cubic yard of waste may be assessed only one (1) fee. (b) The fees created in this section do not apply to: (1) (A) Solid waste generated by private industry if the private industry bears the expense of operating and maintaining the disposal facility for the solid waste; or (B) Nonmunicipal solid waste generated by private industry and shipped to another state for recycling, treatment, or disposal; (2) Solid waste recycled, used, or generated by steel mills or related facilities classified within Subsector 331 of the 2007 North American Industry Classification System, as it existed on January 1, 2011; (3) Recyclable materials that are transported, processed, or marketed for recycling; (4) Organic materials that are delivered to a permitted composting facility; (5) Materials that are removed from solid waste and processed for recycling; (6) Waste tires processed through a district's waste tire program; or (7) Household hazardous waste collected through a district's household hazardous waste program. (c) (1) The fee created in subsection (a) of this section shall not exceed two dollars ($2.00) per ton of solid waste. (2) However, if weight tickets are not available, the fee shall be calculated on a volume basis at twenty-five cents (25¢) per uncompacted cubic yard or forty-five cents (45¢) per compacted cubic yard. (3) (A) Districts shall determine by interlocal agreement how the districts shall: (i) Assess and administer the fee; and (ii) Divide the fees. (B) If districts cannot reach an interlocal agreement regarding the division of the fees, then the fees shall be divided equally between the districts. (d) The board may levy a service fee on each residence or business for which the board makes solid waste collection or disposal services available. (e) (1) (A) The board may, by majority vote, require fees or delinquent fees to be collected with the real and personal property taxes of any county within the district. (B) If the board elects to collect such fees in this manner, it shall so notify the county collector, who shall enter such fees on tax notices to be collected with the real and personal property taxes of the county. (C) No county collector shall accept payment of any property taxes where the taxpayer has been billed for solid waste collection services unless the service fee is also receipted. (2) If a property owner fails to pay the service fee, it shall become a lien on the property. Amended by Act 2019, No. 315,§ 555, eff. 7/24/2019. Amended by Act 2019, No. 1067,§ 7, eff. 7/24/2019. Acts 1991, No. 752, § 2; 2011, No. 209, § 2.

(a) (1) (A) A regional solid waste management board may fix, charge, and collect rents, fees, and charges of no more than two dollars ($2.00) per ton of solid waste related to the movement or disposal of solid waste within the regional solid waste management district, including without limitation fees and charges: (i) Related to the district's direct involvement with the district's disposal or treatment; or (ii) That support the district's management of the solid waste needs of the district. (B) The board may fix, charge, and collect fees or charges under subdivision (a)(1)(A)(ii) of this section only if the board: (i) Employs or otherwise makes available from another agency an enforcement officer to: (a) Enforce all local ordinances, statutes, rules, and regulations for which the district has been previously given enforcement authority regarding solid waste, including the Environmental Compliance Resource Act, § 8-6-2001 et seq.; and (b) Seek to prevent and to identify and eliminate illegal dump sites; (ii) Has a program for household hazardous waste collection and disposal; and (iii) Has a program for recycling that includes rural areas of the district and the recycling of bulky waste. (2) The board may fix, charge, and collect fees or charges for solid waste generated: (A) Within or without the district delivered to a landfill or transfer station within the district, regardless of whether the disposal facilities are owned or operated by the district; or (B) Within the district but delivered to a location outside the district. (3) The board may fix, charge, and collect penalties from entities that fail to timely remit rents, fees, and charges under this section. (4) Solid waste generated within one (1) district and delivered to another district for disposal may be assessed a fee as follows: (A) Either the district in which the solid waste was generated or a district in which the same solid waste is transported, stored, managed, or disposed may assess the fee; (B) The fee may be assessed against the generator, transporter, or disposal facility; and (C) Each ton or cubic yard of waste may be assessed only one (1) fee.

(1) (A) A regional solid waste management board may fix, charge, and collect rents, fees, and charges of no more than two dollars ($2.00) per ton of solid waste related to the movement or disposal of solid waste within the regional solid waste management district, including without limitation fees and charges: (i) Related to the district's direct involvement with the district's disposal or treatment; or (ii) That support the district's management of the solid waste needs of the district. (B) The board may fix, charge, and collect fees or charges under subdivision (a)(1)(A)(ii) of this section only if the board: (i) Employs or otherwise makes available from another agency an enforcement officer to: (a) Enforce all local ordinances, statutes, rules, and regulations for which the district has been previously given enforcement authority regarding solid waste, including the Environmental Compliance Resource Act, § 8-6-2001 et seq.; and (b) Seek to prevent and to identify and eliminate illegal dump sites; (ii) Has a program for household hazardous waste collection and disposal; and (iii) Has a program for recycling that includes rural areas of the district and the recycling of bulky waste.

(A) A regional solid waste management board may fix, charge, and collect rents, fees, and charges of no more than two dollars ($2.00) per ton of solid waste related to the movement or disposal of solid waste within the regional solid waste management district, including without limitation fees and charges: (i) Related to the district's direct involvement with the district's disposal or treatment; or (ii) That support the district's management of the solid waste needs of the district.

(i) Related to the district's direct involvement with the district's disposal or treatment; or

(ii) That support the district's management of the solid waste needs of the district.

(B) The board may fix, charge, and collect fees or charges under subdivision (a)(1)(A)(ii) of this section only if the board: (i) Employs or otherwise makes available from another agency an enforcement officer to: (a) Enforce all local ordinances, statutes, rules, and regulations for which the district has been previously given enforcement authority regarding solid waste, including the Environmental Compliance Resource Act, § 8-6-2001 et seq.; and (b) Seek to prevent and to identify and eliminate illegal dump sites; (ii) Has a program for household hazardous waste collection and disposal; and (iii) Has a program for recycling that includes rural areas of the district and the recycling of bulky waste.

(i) Employs or otherwise makes available from another agency an enforcement officer to: (a) Enforce all local ordinances, statutes, rules, and regulations for which the district has been previously given enforcement authority regarding solid waste, including the Environmental Compliance Resource Act, § 8-6-2001 et seq.; and (b) Seek to prevent and to identify and eliminate illegal dump sites;

(a) Enforce all local ordinances, statutes, rules, and regulations for which the district has been previously given enforcement authority regarding solid waste, including the Environmental Compliance Resource Act, § 8-6-2001 et seq.; and

(b) Seek to prevent and to identify and eliminate illegal dump sites;

(ii) Has a program for household hazardous waste collection and disposal; and

(iii) Has a program for recycling that includes rural areas of the district and the recycling of bulky waste.

(2) The board may fix, charge, and collect fees or charges for solid waste generated: (A) Within or without the district delivered to a landfill or transfer station within the district, regardless of whether the disposal facilities are owned or operated by the district; or (B) Within the district but delivered to a location outside the district.

(A) Within or without the district delivered to a landfill or transfer station within the district, regardless of whether the disposal facilities are owned or operated by the district; or

(B) Within the district but delivered to a location outside the district.

(3) The board may fix, charge, and collect penalties from entities that fail to timely remit rents, fees, and charges under this section.

(4) Solid waste generated within one (1) district and delivered to another district for disposal may be assessed a fee as follows: (A) Either the district in which the solid waste was generated or a district in which the same solid waste is transported, stored, managed, or disposed may assess the fee; (B) The fee may be assessed against the generator, transporter, or disposal facility; and (C) Each ton or cubic yard of waste may be assessed only one (1) fee.

(A) Either the district in which the solid waste was generated or a district in which the same solid waste is transported, stored, managed, or disposed may assess the fee;

(B) The fee may be assessed against the generator, transporter, or disposal facility; and

(C) Each ton or cubic yard of waste may be assessed only one (1) fee.

(b) The fees created in this section do not apply to: (1) (A) Solid waste generated by private industry if the private industry bears the expense of operating and maintaining the disposal facility for the solid waste; or (B) Nonmunicipal solid waste generated by private industry and shipped to another state for recycling, treatment, or disposal; (2) Solid waste recycled, used, or generated by steel mills or related facilities classified within Subsector 331 of the 2007 North American Industry Classification System, as it existed on January 1, 2011; (3) Recyclable materials that are transported, processed, or marketed for recycling; (4) Organic materials that are delivered to a permitted composting facility; (5) Materials that are removed from solid waste and processed for recycling; (6) Waste tires processed through a district's waste tire program; or (7) Household hazardous waste collected through a district's household hazardous waste program.

(1) (A) Solid waste generated by private industry if the private industry bears the expense of operating and maintaining the disposal facility for the solid waste; or (B) Nonmunicipal solid waste generated by private industry and shipped to another state for recycling, treatment, or disposal;

(A) Solid waste generated by private industry if the private industry bears the expense of operating and maintaining the disposal facility for the solid waste; or

(B) Nonmunicipal solid waste generated by private industry and shipped to another state for recycling, treatment, or disposal;

(2) Solid waste recycled, used, or generated by steel mills or related facilities classified within Subsector 331 of the 2007 North American Industry Classification System, as it existed on January 1, 2011;

(3) Recyclable materials that are transported, processed, or marketed for recycling;

(4) Organic materials that are delivered to a permitted composting facility;

(5) Materials that are removed from solid waste and processed for recycling;

(6) Waste tires processed through a district's waste tire program; or

(7) Household hazardous waste collected through a district's household hazardous waste program.

(c) (1) The fee created in subsection (a) of this section shall not exceed two dollars ($2.00) per ton of solid waste. (2) However, if weight tickets are not available, the fee shall be calculated on a volume basis at twenty-five cents (25¢) per uncompacted cubic yard or forty-five cents (45¢) per compacted cubic yard. (3) (A) Districts shall determine by interlocal agreement how the districts shall: (i) Assess and administer the fee; and (ii) Divide the fees. (B) If districts cannot reach an interlocal agreement regarding the division of the fees, then the fees shall be divided equally between the districts.

(1) The fee created in subsection (a) of this section shall not exceed two dollars ($2.00) per ton of solid waste.

(2) However, if weight tickets are not available, the fee shall be calculated on a volume basis at twenty-five cents (25¢) per uncompacted cubic yard or forty-five cents (45¢) per compacted cubic yard.

(3) (A) Districts shall determine by interlocal agreement how the districts shall: (i) Assess and administer the fee; and (ii) Divide the fees. (B) If districts cannot reach an interlocal agreement regarding the division of the fees, then the fees shall be divided equally between the districts.

(A) Districts shall determine by interlocal agreement how the districts shall: (i) Assess and administer the fee; and (ii) Divide the fees.

(i) Assess and administer the fee; and

(ii) Divide the fees.

(B) If districts cannot reach an interlocal agreement regarding the division of the fees, then the fees shall be divided equally between the districts.

(d) The board may levy a service fee on each residence or business for which the board makes solid waste collection or disposal services available.

(e) (1) (A) The board may, by majority vote, require fees or delinquent fees to be collected with the real and personal property taxes of any county within the district. (B) If the board elects to collect such fees in this manner, it shall so notify the county collector, who shall enter such fees on tax notices to be collected with the real and personal property taxes of the county. (C) No county collector shall accept payment of any property taxes where the taxpayer has been billed for solid waste collection services unless the service fee is also receipted. (2) If a property owner fails to pay the service fee, it shall become a lien on the property.

(1) (A) The board may, by majority vote, require fees or delinquent fees to be collected with the real and personal property taxes of any county within the district. (B) If the board elects to collect such fees in this manner, it shall so notify the county collector, who shall enter such fees on tax notices to be collected with the real and personal property taxes of the county. (C) No county collector shall accept payment of any property taxes where the taxpayer has been billed for solid waste collection services unless the service fee is also receipted.

(A) The board may, by majority vote, require fees or delinquent fees to be collected with the real and personal property taxes of any county within the district.

(B) If the board elects to collect such fees in this manner, it shall so notify the county collector, who shall enter such fees on tax notices to be collected with the real and personal property taxes of the county.

(C) No county collector shall accept payment of any property taxes where the taxpayer has been billed for solid waste collection services unless the service fee is also receipted.

(2) If a property owner fails to pay the service fee, it shall become a lien on the property.

Amended by Act 2019, No. 315,§ 555, eff. 7/24/2019.

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

Acts 1991, No. 752, § 2; 2011, No. 209, § 2.
Ark. Code Ann. § 8-9-404 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-404
Rim removal fees - Import fees - Commercial generator fees - Definitions
Status: in_force

(a) (1) There is imposed a rim removal fee upon the transaction of removing a tire from a rim that is related to the sale of a replacement tire by a tire retailer. (2) The rim removal fee shall be charged by the tire retailer to a person who: (A) Purchases a replacement tire for a rim that necessitates the removal of a different tire from the same rim; or (B) Purchases the service of removal of a tire from a rim and replacement with a tire that was not purchased from the tire retailer if the person requesting the rim removal cannot show proof of payment of the rim removal fee under this section for the replacement tire. (3) (A) The rim removal fee shall be imposed at the rate of three dollars ($3.00) for each new tire that replaces a tire removed from a rim and one dollar ($1.00) for each used tire that replaces the tire removed from the rim. (B) Except for the rim removal fees imposed under this section, a tire retailer shall not charge any other fee to a person who purchases the service of removal of a tire from a rim. (C) For any tires collected by a tire retailer, the tire retailer shall ensure that the tires are transported by a licensed tire transporter to a permitted tire collection center, a solid waste management facility, a tire processing facility, or another tire retailer. (D) The tire retailer shall account for each tire removed from a rim in the manner prescribed by the Department of Finance and Administration. (E) Each tire retailer shall register with the department and comply with all requirements related to collecting and reporting rim removal fees. (4) The rim removal fees imposed under this section shall be added to the total cost charged by the tire retailer to the purchaser after all applicable gross receipts or compensating use taxes on the tires have been computed and shall be separately stated on the invoice or bill of sale. (5) (A) The rim removal fees imposed under this section shall be paid monthly to the Secretary of the Department of Finance and Administration. (B) However, the tire retailer may retain five percent (5%) of the rim removal fee imposed under subdivision (a)(3)(A) of this section for administrative costs. (6) (A) The rim removal fees remitted under subdivision (a)(5)(A) of this section shall be collected by the secretary and shall be subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq. and the business closure procedures under § 26-18-1001 et seq. (B) (i) Each tire retailer shall file a return with the secretary on or before the twentieth of each month. (ii) The return shall show the total rim removal fees collected for each tire removed from the rim during the preceding calendar month. (iii) The tire retailer shall remit the rim removal fees with the return. (iv) The secretary shall prescribe the form and contents of the return. (b) (1) The department shall deposit the proceeds from rim removal fees collected under subsection (a) of this section into the State Treasury as special revenues to the credit of the following funds in the following percentages: (A) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (B) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund. (2) As used in this section, "proceeds from rim removal fees" means all moneys collected and received by the department under this section for rim removal fees imposed under subsection (a) of this section and interest and penalties on delinquent rim removal fees. (c) (1) (A) There is imposed an import fee of one dollar ($1.00) on each used tire that is imported into Arkansas. (B) A person who imports a used tire shall be registered with the department and comply with all requirements related to collecting and reporting import fees. (2) The import fee imposed under this subsection shall be paid by the person who imports the used tire to the department in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq., the business closure procedures under § 26-18-1001 et seq., and any rules promulgated by the department. (3) (A) The department shall deposit the proceeds from import fees imposed under this subsection into the State Treasury as special revenues to the credit of the following funds in the following percentages: (i) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (ii) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund. (B) As used in this section, "proceeds from import fees" means all moneys collected and received by the department under this subsection and interest and penalties on delinquent import fees. (d) (1) There is imposed a commercial generator fee upon the transaction of a commercial generator selling or delivering a new tire as part of fleet services. (2) The commercial generator fee shall be charged by the commercial generator to a person who in the ordinary course of business is an end user that removes used tires from the rim and replaces them with a new tire. (3) (A) The commercial generator fee shall be imposed at the rate of three dollars ($3.00) for each new tire that is sold or delivered to an end user that removes used tires from the rim and replaces them with a new tire. (B) Except for the commercial generator fees imposed under this section, the commercial generator shall not charge any other fee to the end user. (C) (i) For any used tires collected by a commercial generator, the first transportation of the used tire from the end user to the commercial generator's facility does not require a licensed tire transporter. (ii) Any subsequent transportation of the used tire by the commercial generator for recycling or disposal requires a licensed tire transporter and shall be accounted for using the electronic uniform used tire manifest system. (D) Each commercial generator shall register with the department and comply with all requirements related to collecting and reporting commercial generator fees. (4) The commercial generator fees imposed under this section shall be added to the total cost charged by the commercial generator to the end user after all applicable gross receipts or compensating use taxes on the tires have been computed and shall be separately stated on the invoice or bill of sale. (5) (A) The commercial generator fees imposed under this section shall be paid monthly to the secretary. (B) However, the commercial generator may retain five percent (5%) of the commercial generator fee imposed under subdivision (d)(3)(A) of this section for administrative costs. (6) (A) The commercial generator fees remitted in subdivision (d)(5)(A) of this section shall be collected by the secretary and shall be subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq. and the business closure procedures under § 26-18-1001 et seq. (B) (i) (a) Each commercial generator shall file a return with the secretary on or before the twentieth of each month. (b) The return shall show the total commercial generator fees collected for each tire sold or delivered to the end user during the preceding calendar month. (c) The commercial generator shall remit the commercial generator fees with the return. (ii) The secretary shall prescribe the form and contents of the return. (7) The department shall deposit the proceeds from commercial generator fees collected under this subsection into the State Treasury as special revenues to the credit of the following funds in the following percentages: (A) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (B) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund. (8) As used in this section, "proceeds from commercial generator fees" means all moneys collected and received by the department under this section for commercial generator fees imposed under this subsection and interest and penalties on delinquent commercial generator fees. (e) (1) It is the purpose and intent of this section that only one (1) of the following fees imposed under this section be charged for the transaction of removing a tire from a rim that is related to the sale of a replacement tire: (A) The rim removal fee; or (B) The commercial generator fee. (2) If a person establishes that he or she has paid one (1) of the fees for a tire, the tire retailer or tire generator shall not charge an additional fee for that tire. Amended by Act 2023, No. 713,§ 3, eff. 10/1/2023. Amended by Act 2023, No. 713,§ 2, eff. 10/1/2023. Amended by Act 2023, No. 713,§ 1, eff. 10/1/2023. Amended by Act 2019, No. 980,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 38, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 37, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 36, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 35, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 34, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2876, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2875, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2874, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2873, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2872, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2871, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2870, eff. 7/1/2019. Amended by Act 2017, No. 317,§ 1, eff. 8/1/2017. Acts 1991, No. 749, § 1; 1993, No. 1254, §§ 4, 5; 1995, No. 1315, § 3; 1997, No. 1292, § 3; 1999, No. 1164, §§ 113-115; 2003, No. 1304, §§ 2, 3; 2005, No. 1822, § 1.

(a) (1) There is imposed a rim removal fee upon the transaction of removing a tire from a rim that is related to the sale of a replacement tire by a tire retailer. (2) The rim removal fee shall be charged by the tire retailer to a person who: (A) Purchases a replacement tire for a rim that necessitates the removal of a different tire from the same rim; or (B) Purchases the service of removal of a tire from a rim and replacement with a tire that was not purchased from the tire retailer if the person requesting the rim removal cannot show proof of payment of the rim removal fee under this section for the replacement tire. (3) (A) The rim removal fee shall be imposed at the rate of three dollars ($3.00) for each new tire that replaces a tire removed from a rim and one dollar ($1.00) for each used tire that replaces the tire removed from the rim. (B) Except for the rim removal fees imposed under this section, a tire retailer shall not charge any other fee to a person who purchases the service of removal of a tire from a rim. (C) For any tires collected by a tire retailer, the tire retailer shall ensure that the tires are transported by a licensed tire transporter to a permitted tire collection center, a solid waste management facility, a tire processing facility, or another tire retailer. (D) The tire retailer shall account for each tire removed from a rim in the manner prescribed by the Department of Finance and Administration. (E) Each tire retailer shall register with the department and comply with all requirements related to collecting and reporting rim removal fees. (4) The rim removal fees imposed under this section shall be added to the total cost charged by the tire retailer to the purchaser after all applicable gross receipts or compensating use taxes on the tires have been computed and shall be separately stated on the invoice or bill of sale. (5) (A) The rim removal fees imposed under this section shall be paid monthly to the Secretary of the Department of Finance and Administration. (B) However, the tire retailer may retain five percent (5%) of the rim removal fee imposed under subdivision (a)(3)(A) of this section for administrative costs. (6) (A) The rim removal fees remitted under subdivision (a)(5)(A) of this section shall be collected by the secretary and shall be subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq. and the business closure procedures under § 26-18-1001 et seq. (B) (i) Each tire retailer shall file a return with the secretary on or before the twentieth of each month. (ii) The return shall show the total rim removal fees collected for each tire removed from the rim during the preceding calendar month. (iii) The tire retailer shall remit the rim removal fees with the return. (iv) The secretary shall prescribe the form and contents of the return.

(1) There is imposed a rim removal fee upon the transaction of removing a tire from a rim that is related to the sale of a replacement tire by a tire retailer.

(2) The rim removal fee shall be charged by the tire retailer to a person who: (A) Purchases a replacement tire for a rim that necessitates the removal of a different tire from the same rim; or (B) Purchases the service of removal of a tire from a rim and replacement with a tire that was not purchased from the tire retailer if the person requesting the rim removal cannot show proof of payment of the rim removal fee under this section for the replacement tire.

(A) Purchases a replacement tire for a rim that necessitates the removal of a different tire from the same rim; or

(B) Purchases the service of removal of a tire from a rim and replacement with a tire that was not purchased from the tire retailer if the person requesting the rim removal cannot show proof of payment of the rim removal fee under this section for the replacement tire.

(3) (A) The rim removal fee shall be imposed at the rate of three dollars ($3.00) for each new tire that replaces a tire removed from a rim and one dollar ($1.00) for each used tire that replaces the tire removed from the rim. (B) Except for the rim removal fees imposed under this section, a tire retailer shall not charge any other fee to a person who purchases the service of removal of a tire from a rim. (C) For any tires collected by a tire retailer, the tire retailer shall ensure that the tires are transported by a licensed tire transporter to a permitted tire collection center, a solid waste management facility, a tire processing facility, or another tire retailer. (D) The tire retailer shall account for each tire removed from a rim in the manner prescribed by the Department of Finance and Administration. (E) Each tire retailer shall register with the department and comply with all requirements related to collecting and reporting rim removal fees.

(A) The rim removal fee shall be imposed at the rate of three dollars ($3.00) for each new tire that replaces a tire removed from a rim and one dollar ($1.00) for each used tire that replaces the tire removed from the rim.

(B) Except for the rim removal fees imposed under this section, a tire retailer shall not charge any other fee to a person who purchases the service of removal of a tire from a rim.

(C) For any tires collected by a tire retailer, the tire retailer shall ensure that the tires are transported by a licensed tire transporter to a permitted tire collection center, a solid waste management facility, a tire processing facility, or another tire retailer.

(D) The tire retailer shall account for each tire removed from a rim in the manner prescribed by the Department of Finance and Administration.

(E) Each tire retailer shall register with the department and comply with all requirements related to collecting and reporting rim removal fees.

(4) The rim removal fees imposed under this section shall be added to the total cost charged by the tire retailer to the purchaser after all applicable gross receipts or compensating use taxes on the tires have been computed and shall be separately stated on the invoice or bill of sale.

(5) (A) The rim removal fees imposed under this section shall be paid monthly to the Secretary of the Department of Finance and Administration. (B) However, the tire retailer may retain five percent (5%) of the rim removal fee imposed under subdivision (a)(3)(A) of this section for administrative costs.

(A) The rim removal fees imposed under this section shall be paid monthly to the Secretary of the Department of Finance and Administration.

(B) However, the tire retailer may retain five percent (5%) of the rim removal fee imposed under subdivision (a)(3)(A) of this section for administrative costs.

(6) (A) The rim removal fees remitted under subdivision (a)(5)(A) of this section shall be collected by the secretary and shall be subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq. and the business closure procedures under § 26-18-1001 et seq. (B) (i) Each tire retailer shall file a return with the secretary on or before the twentieth of each month. (ii) The return shall show the total rim removal fees collected for each tire removed from the rim during the preceding calendar month. (iii) The tire retailer shall remit the rim removal fees with the return. (iv) The secretary shall prescribe the form and contents of the return.

(A) The rim removal fees remitted under subdivision (a)(5)(A) of this section shall be collected by the secretary and shall be subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq. and the business closure procedures under § 26-18-1001 et seq.

(B) (i) Each tire retailer shall file a return with the secretary on or before the twentieth of each month. (ii) The return shall show the total rim removal fees collected for each tire removed from the rim during the preceding calendar month. (iii) The tire retailer shall remit the rim removal fees with the return. (iv) The secretary shall prescribe the form and contents of the return.

(i) Each tire retailer shall file a return with the secretary on or before the twentieth of each month.

(ii) The return shall show the total rim removal fees collected for each tire removed from the rim during the preceding calendar month.

(iii) The tire retailer shall remit the rim removal fees with the return.

(iv) The secretary shall prescribe the form and contents of the return.

(b) (1) The department shall deposit the proceeds from rim removal fees collected under subsection (a) of this section into the State Treasury as special revenues to the credit of the following funds in the following percentages: (A) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (B) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund. (2) As used in this section, "proceeds from rim removal fees" means all moneys collected and received by the department under this section for rim removal fees imposed under subsection (a) of this section and interest and penalties on delinquent rim removal fees.

(1) The department shall deposit the proceeds from rim removal fees collected under subsection (a) of this section into the State Treasury as special revenues to the credit of the following funds in the following percentages: (A) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (B) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund.

(A) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and

(B) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund.

(2) As used in this section, "proceeds from rim removal fees" means all moneys collected and received by the department under this section for rim removal fees imposed under subsection (a) of this section and interest and penalties on delinquent rim removal fees.

(c) (1) (A) There is imposed an import fee of one dollar ($1.00) on each used tire that is imported into Arkansas. (B) A person who imports a used tire shall be registered with the department and comply with all requirements related to collecting and reporting import fees. (2) The import fee imposed under this subsection shall be paid by the person who imports the used tire to the department in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq., the business closure procedures under § 26-18-1001 et seq., and any rules promulgated by the department. (3) (A) The department shall deposit the proceeds from import fees imposed under this subsection into the State Treasury as special revenues to the credit of the following funds in the following percentages: (i) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (ii) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund. (B) As used in this section, "proceeds from import fees" means all moneys collected and received by the department under this subsection and interest and penalties on delinquent import fees.

(1) (A) There is imposed an import fee of one dollar ($1.00) on each used tire that is imported into Arkansas. (B) A person who imports a used tire shall be registered with the department and comply with all requirements related to collecting and reporting import fees.

(A) There is imposed an import fee of one dollar ($1.00) on each used tire that is imported into Arkansas.

(B) A person who imports a used tire shall be registered with the department and comply with all requirements related to collecting and reporting import fees.

(2) The import fee imposed under this subsection shall be paid by the person who imports the used tire to the department in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq., the business closure procedures under § 26-18-1001 et seq., and any rules promulgated by the department.

(3) (A) The department shall deposit the proceeds from import fees imposed under this subsection into the State Treasury as special revenues to the credit of the following funds in the following percentages: (i) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (ii) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund. (B) As used in this section, "proceeds from import fees" means all moneys collected and received by the department under this subsection and interest and penalties on delinquent import fees.

(A) The department shall deposit the proceeds from import fees imposed under this subsection into the State Treasury as special revenues to the credit of the following funds in the following percentages: (i) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (ii) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund.

(i) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and

(ii) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund.

(B) As used in this section, "proceeds from import fees" means all moneys collected and received by the department under this subsection and interest and penalties on delinquent import fees.

(d) (1) There is imposed a commercial generator fee upon the transaction of a commercial generator selling or delivering a new tire as part of fleet services. (2) The commercial generator fee shall be charged by the commercial generator to a person who in the ordinary course of business is an end user that removes used tires from the rim and replaces them with a new tire. (3) (A) The commercial generator fee shall be imposed at the rate of three dollars ($3.00) for each new tire that is sold or delivered to an end user that removes used tires from the rim and replaces them with a new tire. (B) Except for the commercial generator fees imposed under this section, the commercial generator shall not charge any other fee to the end user. (C) (i) For any used tires collected by a commercial generator, the first transportation of the used tire from the end user to the commercial generator's facility does not require a licensed tire transporter. (ii) Any subsequent transportation of the used tire by the commercial generator for recycling or disposal requires a licensed tire transporter and shall be accounted for using the electronic uniform used tire manifest system. (D) Each commercial generator shall register with the department and comply with all requirements related to collecting and reporting commercial generator fees. (4) The commercial generator fees imposed under this section shall be added to the total cost charged by the commercial generator to the end user after all applicable gross receipts or compensating use taxes on the tires have been computed and shall be separately stated on the invoice or bill of sale. (5) (A) The commercial generator fees imposed under this section shall be paid monthly to the secretary. (B) However, the commercial generator may retain five percent (5%) of the commercial generator fee imposed under subdivision (d)(3)(A) of this section for administrative costs. (6) (A) The commercial generator fees remitted in subdivision (d)(5)(A) of this section shall be collected by the secretary and shall be subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq. and the business closure procedures under § 26-18-1001 et seq. (B) (i) (a) Each commercial generator shall file a return with the secretary on or before the twentieth of each month. (b) The return shall show the total commercial generator fees collected for each tire sold or delivered to the end user during the preceding calendar month. (c) The commercial generator shall remit the commercial generator fees with the return. (ii) The secretary shall prescribe the form and contents of the return. (7) The department shall deposit the proceeds from commercial generator fees collected under this subsection into the State Treasury as special revenues to the credit of the following funds in the following percentages: (A) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (B) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund. (8) As used in this section, "proceeds from commercial generator fees" means all moneys collected and received by the department under this section for commercial generator fees imposed under this subsection and interest and penalties on delinquent commercial generator fees.

(1) There is imposed a commercial generator fee upon the transaction of a commercial generator selling or delivering a new tire as part of fleet services.

(2) The commercial generator fee shall be charged by the commercial generator to a person who in the ordinary course of business is an end user that removes used tires from the rim and replaces them with a new tire.

(3) (A) The commercial generator fee shall be imposed at the rate of three dollars ($3.00) for each new tire that is sold or delivered to an end user that removes used tires from the rim and replaces them with a new tire. (B) Except for the commercial generator fees imposed under this section, the commercial generator shall not charge any other fee to the end user. (C) (i) For any used tires collected by a commercial generator, the first transportation of the used tire from the end user to the commercial generator's facility does not require a licensed tire transporter. (ii) Any subsequent transportation of the used tire by the commercial generator for recycling or disposal requires a licensed tire transporter and shall be accounted for using the electronic uniform used tire manifest system. (D) Each commercial generator shall register with the department and comply with all requirements related to collecting and reporting commercial generator fees.

(A) The commercial generator fee shall be imposed at the rate of three dollars ($3.00) for each new tire that is sold or delivered to an end user that removes used tires from the rim and replaces them with a new tire.

(B) Except for the commercial generator fees imposed under this section, the commercial generator shall not charge any other fee to the end user.

(C) (i) For any used tires collected by a commercial generator, the first transportation of the used tire from the end user to the commercial generator's facility does not require a licensed tire transporter. (ii) Any subsequent transportation of the used tire by the commercial generator for recycling or disposal requires a licensed tire transporter and shall be accounted for using the electronic uniform used tire manifest system.

(i) For any used tires collected by a commercial generator, the first transportation of the used tire from the end user to the commercial generator's facility does not require a licensed tire transporter.

(ii) Any subsequent transportation of the used tire by the commercial generator for recycling or disposal requires a licensed tire transporter and shall be accounted for using the electronic uniform used tire manifest system.

(D) Each commercial generator shall register with the department and comply with all requirements related to collecting and reporting commercial generator fees.

(4) The commercial generator fees imposed under this section shall be added to the total cost charged by the commercial generator to the end user after all applicable gross receipts or compensating use taxes on the tires have been computed and shall be separately stated on the invoice or bill of sale.

(5) (A) The commercial generator fees imposed under this section shall be paid monthly to the secretary. (B) However, the commercial generator may retain five percent (5%) of the commercial generator fee imposed under subdivision (d)(3)(A) of this section for administrative costs.

(A) The commercial generator fees imposed under this section shall be paid monthly to the secretary.

(B) However, the commercial generator may retain five percent (5%) of the commercial generator fee imposed under subdivision (d)(3)(A) of this section for administrative costs.

(6) (A) The commercial generator fees remitted in subdivision (d)(5)(A) of this section shall be collected by the secretary and shall be subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq. and the business closure procedures under § 26-18-1001 et seq. (B) (i) (a) Each commercial generator shall file a return with the secretary on or before the twentieth of each month. (b) The return shall show the total commercial generator fees collected for each tire sold or delivered to the end user during the preceding calendar month. (c) The commercial generator shall remit the commercial generator fees with the return. (ii) The secretary shall prescribe the form and contents of the return.

(A) The commercial generator fees remitted in subdivision (d)(5)(A) of this section shall be collected by the secretary and shall be subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq. and the business closure procedures under § 26-18-1001 et seq.

(B) (i) (a) Each commercial generator shall file a return with the secretary on or before the twentieth of each month. (b) The return shall show the total commercial generator fees collected for each tire sold or delivered to the end user during the preceding calendar month. (c) The commercial generator shall remit the commercial generator fees with the return. (ii) The secretary shall prescribe the form and contents of the return.

(i) (a) Each commercial generator shall file a return with the secretary on or before the twentieth of each month. (b) The return shall show the total commercial generator fees collected for each tire sold or delivered to the end user during the preceding calendar month. (c) The commercial generator shall remit the commercial generator fees with the return.

(a) Each commercial generator shall file a return with the secretary on or before the twentieth of each month.

(b) The return shall show the total commercial generator fees collected for each tire sold or delivered to the end user during the preceding calendar month.

(c) The commercial generator shall remit the commercial generator fees with the return.

(ii) The secretary shall prescribe the form and contents of the return.

(7) The department shall deposit the proceeds from commercial generator fees collected under this subsection into the State Treasury as special revenues to the credit of the following funds in the following percentages: (A) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and (B) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund.

(A) Ninety-three percent (93%) to be deposited into the Used Tire Recycling Fund; and

(B) Seven percent (7%) to be deposited into the Division of Environmental Quality Fee Trust Fund.

(8) As used in this section, "proceeds from commercial generator fees" means all moneys collected and received by the department under this section for commercial generator fees imposed under this subsection and interest and penalties on delinquent commercial generator fees.

(e) (1) It is the purpose and intent of this section that only one (1) of the following fees imposed under this section be charged for the transaction of removing a tire from a rim that is related to the sale of a replacement tire: (A) The rim removal fee; or (B) The commercial generator fee. (2) If a person establishes that he or she has paid one (1) of the fees for a tire, the tire retailer or tire generator shall not charge an additional fee for that tire.

(1) It is the purpose and intent of this section that only one (1) of the following fees imposed under this section be charged for the transaction of removing a tire from a rim that is related to the sale of a replacement tire: (A) The rim removal fee; or (B) The commercial generator fee.

(A) The rim removal fee; or

(B) The commercial generator fee.

(2) If a person establishes that he or she has paid one (1) of the fees for a tire, the tire retailer or tire generator shall not charge an additional fee for that tire.

Amended by Act 2023, No. 713,§ 3, eff. 10/1/2023.

Amended by Act 2023, No. 713,§ 2, eff. 10/1/2023.

Amended by Act 2023, No. 713,§ 1, eff. 10/1/2023.

Amended by Act 2019, No. 980,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 980,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 980,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 38, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 37, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 36, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 35, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 34, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2876, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2875, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2874, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2873, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2872, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2871, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2870, eff. 7/1/2019.

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

Acts 1991, No. 749, § 1; 1993, No. 1254, §§ 4, 5; 1995, No. 1315, § 3; 1997, No. 1292, § 3; 1999, No. 1164, §§ 113-115; 2003, No. 1304, §§ 2, 3; 2005, No. 1822, § 1.
Ark. Code Ann. § 8-4-304 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-304
Applicability of water pollution provisions
Status: in_force

All provisions of § 8-4-101 et seq. and § 8-4-201 et seq. relating to water pollution shall apply to this subchapter unless manifestly inconsistent therewith, including, but not limited to, the provisions of §§ 8-4-205 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 relating to hearings before the Arkansas Pollution Control and Ecology Commission, notice, right to appeal, and procedure, and § 8-4-230 relating to variances and interim authority. Acts 1949, No. 472, [Part 2], § 10, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1940; Acts 1995, No. 943, § 2.

All provisions of § 8-4-101 et seq. and § 8-4-201 et seq. relating to water pollution shall apply to this subchapter unless manifestly inconsistent therewith, including, but not limited to, the provisions of §§ 8-4-205 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 relating to hearings before the Arkansas Pollution Control and Ecology Commission, notice, right to appeal, and procedure, and § 8-4-230 relating to variances and interim authority.

Acts 1949, No. 472, [Part 2], § 10, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1940; Acts 1995, No. 943, § 2.
Ark. Code Ann. § 8-7-1003 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1003
Definitions
Status: in_force

(a) As used in this subchapter: (1) "Chemical manufacturer" means an employer with a workplace where chemicals are produced for use or distribution; (2) "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers; (3) "Exposure" or "exposed" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact, or absorption, etc.), and includes potential, e.g., accidental or possible, exposure; (4) "Hazard Communication Standard" means the Hazard Communication Standard adopted by the United States Occupational Safety and Health Administration and codified in the Code of Federal Regulations at 29 C.F.R. § 1910.1200 , as of July 1, 1991; (5) "Hazardous chemical" means any element, chemical compound, or mixture of elements or compounds which is a physical hazard or a health hazard as defined by the Hazard Communication Standard; (6) "Label" or "labeling" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals; (7) "Material safety data sheet" means written or printed material concerning a hazardous chemical which is prepared in accordance with the Hazard Communication Standard; (8) (A) "Public employee" means any employee of a public employer who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies. (B) Office workers and nonresident management are not generally included unless their job performance routinely involves potential exposure to hazardous chemicals; (9) "Public employer" means the State of Arkansas and each political subdivision thereof, as defined in § 21-5-603(b) ; (10) "Trade secret" is defined in accordance with § 4-75-601(4) ; (11) "Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used and where public employees are present; (12) "Workplace" means an establishment, job site, or project at one (1) geographical location containing one (1) or more work areas under a public employer's control or direction; and (13) "Workplace chemical list" means a list of hazardous chemicals in a workplace developed pursuant to § 8-7-1007 . (b) All other definitions of the Hazard Communication Standard as they exist on the date of enactment of this subchapter are hereby adopted and incorporated by reference. Amended by Act 2019, No. 910,§ 5267, eff. 7/1/2019. Acts 1991, No. 556, § 3; 1991, No. 1172, § 3.

(a) As used in this subchapter: (1) "Chemical manufacturer" means an employer with a workplace where chemicals are produced for use or distribution; (2) "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers; (3) "Exposure" or "exposed" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact, or absorption, etc.), and includes potential, e.g., accidental or possible, exposure; (4) "Hazard Communication Standard" means the Hazard Communication Standard adopted by the United States Occupational Safety and Health Administration and codified in the Code of Federal Regulations at 29 C.F.R. § 1910.1200 , as of July 1, 1991; (5) "Hazardous chemical" means any element, chemical compound, or mixture of elements or compounds which is a physical hazard or a health hazard as defined by the Hazard Communication Standard; (6) "Label" or "labeling" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals; (7) "Material safety data sheet" means written or printed material concerning a hazardous chemical which is prepared in accordance with the Hazard Communication Standard; (8) (A) "Public employee" means any employee of a public employer who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies. (B) Office workers and nonresident management are not generally included unless their job performance routinely involves potential exposure to hazardous chemicals; (9) "Public employer" means the State of Arkansas and each political subdivision thereof, as defined in § 21-5-603(b) ; (10) "Trade secret" is defined in accordance with § 4-75-601(4) ; (11) "Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used and where public employees are present; (12) "Workplace" means an establishment, job site, or project at one (1) geographical location containing one (1) or more work areas under a public employer's control or direction; and (13) "Workplace chemical list" means a list of hazardous chemicals in a workplace developed pursuant to § 8-7-1007 .

(1) "Chemical manufacturer" means an employer with a workplace where chemicals are produced for use or distribution;

(2) "Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers;

(3) "Exposure" or "exposed" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact, or absorption, etc.), and includes potential, e.g., accidental or possible, exposure;

(4) "Hazard Communication Standard" means the Hazard Communication Standard adopted by the United States Occupational Safety and Health Administration and codified in the Code of Federal Regulations at 29 C.F.R. § 1910.1200 , as of July 1, 1991;

(5) "Hazardous chemical" means any element, chemical compound, or mixture of elements or compounds which is a physical hazard or a health hazard as defined by the Hazard Communication Standard;

(6) "Label" or "labeling" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals;

(7) "Material safety data sheet" means written or printed material concerning a hazardous chemical which is prepared in accordance with the Hazard Communication Standard;

(8) (A) "Public employee" means any employee of a public employer who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies. (B) Office workers and nonresident management are not generally included unless their job performance routinely involves potential exposure to hazardous chemicals;

(A) "Public employee" means any employee of a public employer who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies.

(B) Office workers and nonresident management are not generally included unless their job performance routinely involves potential exposure to hazardous chemicals;

(9) "Public employer" means the State of Arkansas and each political subdivision thereof, as defined in § 21-5-603(b) ;

(10) "Trade secret" is defined in accordance with § 4-75-601(4) ;

(11) "Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used and where public employees are present;

(12) "Workplace" means an establishment, job site, or project at one (1) geographical location containing one (1) or more work areas under a public employer's control or direction; and

(13) "Workplace chemical list" means a list of hazardous chemicals in a workplace developed pursuant to § 8-7-1007 .

(b) All other definitions of the Hazard Communication Standard as they exist on the date of enactment of this subchapter are hereby adopted and incorporated by reference.

Amended by Act 2019, No. 910,§ 5267, eff. 7/1/2019.

Acts 1991, No. 556, § 3; 1991, No. 1172, § 3.
Ark. Code Ann. § 8-7-1311 — AR Code / Title 8 / Chapter 7 / Subchapter 13 / Section 8-7-1311
Fees
Status: in_force

(a) (1) Under rules promulgated by the Arkansas Pollution Control and Ecology Commission, the Division of Environmental Quality may assess fees to Phase I consultants who apply to be placed on the list maintained under § 8-7-1304 . (2) Fees shall be reasonable and appropriate and subject to periodic review. (b) All fees collected under this subchapter shall be deposited into the Hazardous Waste Permit Fund, § 19-6-434 . (c) Fees collected under this subchapter shall be used for the purposes of administering this subchapter. Amended by Act 2019, No. 315,§ 681, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2840, eff. 7/1/2019. Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.

(a) (1) Under rules promulgated by the Arkansas Pollution Control and Ecology Commission, the Division of Environmental Quality may assess fees to Phase I consultants who apply to be placed on the list maintained under § 8-7-1304 . (2) Fees shall be reasonable and appropriate and subject to periodic review.

(1) Under rules promulgated by the Arkansas Pollution Control and Ecology Commission, the Division of Environmental Quality may assess fees to Phase I consultants who apply to be placed on the list maintained under § 8-7-1304 .

(2) Fees shall be reasonable and appropriate and subject to periodic review.

(b) All fees collected under this subchapter shall be deposited into the Hazardous Waste Permit Fund, § 19-6-434 .

(c) Fees collected under this subchapter shall be used for the purposes of administering this subchapter.

Amended by Act 2019, No. 315,§ 681, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2840, eff. 7/1/2019.

Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.
Ark. Code Ann. § 8-6-304 — AR Code / Title 8 / Chapter 6 / Subchapter 3 / Section 8-6-304
Eligibility to receive funds
Status: in_force

Before any county shall be eligible to receive its portion of the moneys in the County Solid Waste Management System Aid Fund during any fiscal year, the county, on or before the first day of the fiscal year, shall furnish the Treasurer of State the following information on forms to be developed by the Treasurer of State proof that: (1) The county operates or is in the process of establishing a solid waste management system for that county and that the solid waste management system is available to serve the residents of the county and may be available for service to various cities and towns within the counties through interlocal agreements, compacts, or authorities; (2) The quorum court of the county has established and approved a budget for the operation of the county solid waste management system for the fiscal year and has appropriated funds therefor in an amount sufficient to support not less than fifty percent (50%) of the costs of operating the solid waste management system. The funds appropriated therefor will be used solely for the cost of establishing, operating, and maintaining the solid waste management system, for the hiring of personnel, and for the acquisition of equipment and land required to operate the solid waste management system and disposal; and (3) The amount of funds allocated to the county for such year under this subchapter will be used exclusively for establishing, operating, and maintaining the solid waste management system and meeting the requirements of this subchapter, including the acquisition of land and the acquisition, maintenance, repair, and operation of equipment used in connection with the operation of the solid waste management system. Acts 1985, No. 986, § 3; A.S.A. 1947, § 13-566.

Before any county shall be eligible to receive its portion of the moneys in the County Solid Waste Management System Aid Fund during any fiscal year, the county, on or before the first day of the fiscal year, shall furnish the Treasurer of State the following information on forms to be developed by the Treasurer of State proof that:

(1) The county operates or is in the process of establishing a solid waste management system for that county and that the solid waste management system is available to serve the residents of the county and may be available for service to various cities and towns within the counties through interlocal agreements, compacts, or authorities;

(2) The quorum court of the county has established and approved a budget for the operation of the county solid waste management system for the fiscal year and has appropriated funds therefor in an amount sufficient to support not less than fifty percent (50%) of the costs of operating the solid waste management system. The funds appropriated therefor will be used solely for the cost of establishing, operating, and maintaining the solid waste management system, for the hiring of personnel, and for the acquisition of equipment and land required to operate the solid waste management system and disposal; and

(3) The amount of funds allocated to the county for such year under this subchapter will be used exclusively for establishing, operating, and maintaining the solid waste management system and meeting the requirements of this subchapter, including the acquisition of land and the acquisition, maintenance, repair, and operation of equipment used in connection with the operation of the solid waste management system.

Acts 1985, No. 986, § 3; A.S.A. 1947, § 13-566.
Ark. Code Ann. § 8-6-1002 — AR Code / Title 8 / Chapter 6 / Subchapter 10 / Section 8-6-1002
Creation
Status: in_force

(a) (1) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Landfill Post-Closure Trust Fund". (2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all landfill disposal fees collected pursuant to this subchapter and any moneys received by the state as a gift or donation to the fund or any federal moneys designated to enter the fund and all interest earned upon moneys deposited into the fund. (3) Moneys received into the fund may also be used by the Division of Environmental Quality for administrative purposes at a level not to exceed three hundred thousand dollars ($300,000) annually with an annual escalator not to exceed three percent (3%). (b) (1) The fund shall be administered by the division, which shall authorize funding and administrative expenditures from the fund according to the provisions of this subchapter. (2) (A) The fund shall be administered by the division and shall be used by the division for landfill post-closure corrective action. (B) The fund shall be used only if the Director of the Division of Environmental Quality determines that: (i) A landfill which is no longer receiving waste, regardless of when it ceased operating, is causing groundwater contamination or is causing other contamination that is a hazard to public health or endangers the environment; and (ii) The owner or operator of the landfill site has expended at least ten thousand dollars ($10,000) toward corrective action, unless the owner or operator cannot be located or the director determines an emergency exists necessitating immediate corrective action. (3) The fund shall be administered by the division and may be used by the division to complete all activities necessary for the closure of a permitted waste tire processing or disposal site that is owned or operated by a regional solid waste management district if the division determines that the district lacks sufficient funds to complete closure of the permitted waste tire processing or disposal site. (c) The fund shall not be used to compensate third parties for damages to property caused by the contamination. (d) For the purposes of this subchapter only, closed areas or operational phases contiguous to any permitted landfill which is receiving solid waste when the director determines that corrective action is necessary are not eligible for funding as contemplated by this subchapter. (e) (1) An owner or operator of a permitted landfill shall establish and at all times maintain financial assurance for the post-closure maintenance of the landfill. At a minimum, each owner or operator shall provide no less than twenty percent (20%) of estimated post-closure maintenance costs through a financial mechanism readily negotiable by the division to cash funds, for example, a letter of credit, surety bond, irrevocable trust, insurance, or other mechanism approved by the division, upon default by the owner and operator of post-closure obligations. (2) If, after proper closure of a landfill, the division reasonably determines that the owner or operator cannot be located or cannot otherwise satisfy, in whole or part, post-closure maintenance obligations, the division is authorized to expend the necessary funds from the fund to satisfy the requirements of state and federal law and to prevent or abate releases to the environment. (3) If the division is required to expend funds from the fund due to the failure of an owner or operator to meet the requirements of this subsection, the division shall pursue collection and recovery of the funds by issuing an administrative order notifying the owner or operator by certified mail at the last known address of the owner or operator of the action taken by the division and the amount of funds expended from the fund and that the administrative order may be appealed in accordance with the division's rules. (f) The division may expend moneys from the fund to pay a state-approved contractor or a regional solid waste management district to complete all actions necessary to achieve the post-closure care of a landfill owned by the regional solid waste management district if the division determines that the regional solid waste management district: (1) Has filed for protection under federal bankruptcy law; (2) Is unable to meet its debt obligations in the ordinary course of its operations; or (3) Is otherwise insolvent. Amended by Act 2023, No. 570,§ 48, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 566, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2680, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2679, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2678, eff. 7/1/2019. Amended by Act 2017, No. 624,§ 7, eff. 8/1/2017. Amended by Act 2015, No. 1037,§ 1, eff. 4/4/2015. Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1995, No. 511, § 4; 1997, No. 938, §§ 2, 3; 1999, No. 1210, § 2; 2005, No. 1962, § 18.

(a) (1) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Landfill Post-Closure Trust Fund". (2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all landfill disposal fees collected pursuant to this subchapter and any moneys received by the state as a gift or donation to the fund or any federal moneys designated to enter the fund and all interest earned upon moneys deposited into the fund. (3) Moneys received into the fund may also be used by the Division of Environmental Quality for administrative purposes at a level not to exceed three hundred thousand dollars ($300,000) annually with an annual escalator not to exceed three percent (3%).

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

(2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all landfill disposal fees collected pursuant to this subchapter and any moneys received by the state as a gift or donation to the fund or any federal moneys designated to enter the fund and all interest earned upon moneys deposited into the fund.

(3) Moneys received into the fund may also be used by the Division of Environmental Quality for administrative purposes at a level not to exceed three hundred thousand dollars ($300,000) annually with an annual escalator not to exceed three percent (3%).

(b) (1) The fund shall be administered by the division, which shall authorize funding and administrative expenditures from the fund according to the provisions of this subchapter. (2) (A) The fund shall be administered by the division and shall be used by the division for landfill post-closure corrective action. (B) The fund shall be used only if the Director of the Division of Environmental Quality determines that: (i) A landfill which is no longer receiving waste, regardless of when it ceased operating, is causing groundwater contamination or is causing other contamination that is a hazard to public health or endangers the environment; and (ii) The owner or operator of the landfill site has expended at least ten thousand dollars ($10,000) toward corrective action, unless the owner or operator cannot be located or the director determines an emergency exists necessitating immediate corrective action. (3) The fund shall be administered by the division and may be used by the division to complete all activities necessary for the closure of a permitted waste tire processing or disposal site that is owned or operated by a regional solid waste management district if the division determines that the district lacks sufficient funds to complete closure of the permitted waste tire processing or disposal site.

(1) The fund shall be administered by the division, which shall authorize funding and administrative expenditures from the fund according to the provisions of this subchapter.

(2) (A) The fund shall be administered by the division and shall be used by the division for landfill post-closure corrective action. (B) The fund shall be used only if the Director of the Division of Environmental Quality determines that: (i) A landfill which is no longer receiving waste, regardless of when it ceased operating, is causing groundwater contamination or is causing other contamination that is a hazard to public health or endangers the environment; and (ii) The owner or operator of the landfill site has expended at least ten thousand dollars ($10,000) toward corrective action, unless the owner or operator cannot be located or the director determines an emergency exists necessitating immediate corrective action.

(A) The fund shall be administered by the division and shall be used by the division for landfill post-closure corrective action.

(B) The fund shall be used only if the Director of the Division of Environmental Quality determines that: (i) A landfill which is no longer receiving waste, regardless of when it ceased operating, is causing groundwater contamination or is causing other contamination that is a hazard to public health or endangers the environment; and (ii) The owner or operator of the landfill site has expended at least ten thousand dollars ($10,000) toward corrective action, unless the owner or operator cannot be located or the director determines an emergency exists necessitating immediate corrective action.

(i) A landfill which is no longer receiving waste, regardless of when it ceased operating, is causing groundwater contamination or is causing other contamination that is a hazard to public health or endangers the environment; and

(ii) The owner or operator of the landfill site has expended at least ten thousand dollars ($10,000) toward corrective action, unless the owner or operator cannot be located or the director determines an emergency exists necessitating immediate corrective action.

(3) The fund shall be administered by the division and may be used by the division to complete all activities necessary for the closure of a permitted waste tire processing or disposal site that is owned or operated by a regional solid waste management district if the division determines that the district lacks sufficient funds to complete closure of the permitted waste tire processing or disposal site.

(c) The fund shall not be used to compensate third parties for damages to property caused by the contamination.

(d) For the purposes of this subchapter only, closed areas or operational phases contiguous to any permitted landfill which is receiving solid waste when the director determines that corrective action is necessary are not eligible for funding as contemplated by this subchapter.

(e) (1) An owner or operator of a permitted landfill shall establish and at all times maintain financial assurance for the post-closure maintenance of the landfill. At a minimum, each owner or operator shall provide no less than twenty percent (20%) of estimated post-closure maintenance costs through a financial mechanism readily negotiable by the division to cash funds, for example, a letter of credit, surety bond, irrevocable trust, insurance, or other mechanism approved by the division, upon default by the owner and operator of post-closure obligations. (2) If, after proper closure of a landfill, the division reasonably determines that the owner or operator cannot be located or cannot otherwise satisfy, in whole or part, post-closure maintenance obligations, the division is authorized to expend the necessary funds from the fund to satisfy the requirements of state and federal law and to prevent or abate releases to the environment. (3) If the division is required to expend funds from the fund due to the failure of an owner or operator to meet the requirements of this subsection, the division shall pursue collection and recovery of the funds by issuing an administrative order notifying the owner or operator by certified mail at the last known address of the owner or operator of the action taken by the division and the amount of funds expended from the fund and that the administrative order may be appealed in accordance with the division's rules.

(1) An owner or operator of a permitted landfill shall establish and at all times maintain financial assurance for the post-closure maintenance of the landfill. At a minimum, each owner or operator shall provide no less than twenty percent (20%) of estimated post-closure maintenance costs through a financial mechanism readily negotiable by the division to cash funds, for example, a letter of credit, surety bond, irrevocable trust, insurance, or other mechanism approved by the division, upon default by the owner and operator of post-closure obligations.

(2) If, after proper closure of a landfill, the division reasonably determines that the owner or operator cannot be located or cannot otherwise satisfy, in whole or part, post-closure maintenance obligations, the division is authorized to expend the necessary funds from the fund to satisfy the requirements of state and federal law and to prevent or abate releases to the environment.

(3) If the division is required to expend funds from the fund due to the failure of an owner or operator to meet the requirements of this subsection, the division shall pursue collection and recovery of the funds by issuing an administrative order notifying the owner or operator by certified mail at the last known address of the owner or operator of the action taken by the division and the amount of funds expended from the fund and that the administrative order may be appealed in accordance with the division's rules.

(f) The division may expend moneys from the fund to pay a state-approved contractor or a regional solid waste management district to complete all actions necessary to achieve the post-closure care of a landfill owned by the regional solid waste management district if the division determines that the regional solid waste management district: (1) Has filed for protection under federal bankruptcy law; (2) Is unable to meet its debt obligations in the ordinary course of its operations; or (3) Is otherwise insolvent.

(1) Has filed for protection under federal bankruptcy law;

(2) Is unable to meet its debt obligations in the ordinary course of its operations; or

(3) Is otherwise insolvent.

Amended by Act 2023, No. 570,§ 48, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 566, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2680, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2679, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2678, eff. 7/1/2019.

Amended by Act 2017, No. 624,§ 7, eff. 8/1/2017.

Amended by Act 2015, No. 1037,§ 1, eff. 4/4/2015.

Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1995, No. 511, § 4; 1997, No. 938, §§ 2, 3; 1999, No. 1210, § 2; 2005, No. 1962, § 18.
Ark. Code Ann. § 8-4-103 — AR Code / Title 8 / Chapter 4 / Subchapter 1 / Section 8-4-103
Criminal, civil, and administrative penalties
Status: in_force

(a) Criminal Penalties. (1) (A) Any person that violates any provision of this chapter, that commits any unlawful act under it, or that violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of a misdemeanor. (B) (i) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (a) Imprisonment for not more than one (1) year; (b) A fine of not more than twenty-five thousand dollars ($25,000); or (c) Both such fine and imprisonment. (ii) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (2) (A) It shall be unlawful for a person to: (i) Violate any provision of this chapter, commit any unlawful act under it, or violate any rule or order of the commission or the Division of Environmental Quality and leave the state or remove his or her person from the jurisdiction of this state; (ii) Purposely, knowingly, or recklessly cause pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby create a substantial likelihood of adversely affecting human health, animal or plant life, or property; or (iii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this chapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this chapter. (B) (i) A person that violates subdivision (a)(2)(A) of this section shall be guilty of a felony. (ii) (a) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (1) Imprisonment for not more than five (5) years; (2) A fine of not more than fifty thousand dollars ($50,000); or (3) Both such fine and imprisonment. (b) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (3) (A) Any person that purposely, knowingly, or recklessly causes pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a felony. (B) (i) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (a) Imprisonment for not more than twenty (20) years; (b) A fine of not more than two hundred fifty thousand dollars ($250,000); or (c) Both such fine and imprisonment. (ii) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (4) Notwithstanding the limits on fines set in subdivisions (a)(1)-(3) of this section, if a person convicted under subdivision (a)(1) of this section, subdivision (a)(2) of this section, or subdivision (a)(3) of this section has derived or will derive pecuniary gains from commission of the offenses, then the person may be sentenced to pay a fine not to exceed two (2) times the amount of the pecuniary gain. (b) Civil Penalties. The Division of Environmental Quality may institute a civil action in any court of competent jurisdiction to accomplish any of the following: (1) Restrain any violation of or compel compliance with the provisions of this chapter and of any rules, orders, permits, or plans issued pursuant to this chapter; (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this chapter; (3) Recover all costs, expenses, and damages to the Division of Environmental Quality and any other agency or division of the state in enforcing or effectuating the provisions of this chapter, including, but not limited to, natural resource damages; (4) Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for violations of this chapter and of any rules, permits, or plans issued pursuant to this chapter; or (5) Recover civil penalties assessed pursuant to subsection (c) of this section. (c) (1) (A) Any person that violates any provision of this chapter and rules, permits, or plans issued pursuant to this chapter may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation. (B) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment. (2) (A) No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing in accordance with rules adopted by the commission. (B) All hearings and appeals arising under this chapter shall be conducted in accordance with the procedures prescribed by §§ 8-4-205 , 8-4-212 , and 8-4-218 - 8-4-229 . (C) These administrative procedures may also be used to recover all costs, expenses, and damages to the Division of Environmental Quality and any other agency or subdivision of the state in enforcing or effectuating the provisions of this chapter, including, but not limited to, natural resource damages. (d) (1) (A) Before assessing a civil penalty under subsection (c) of this section, the Director of the Division of Environmental Quality shall provide public notice of and a reasonable opportunity to comment on the proposed issuance of the order. (B) If the civil penalty is being assessed under an order on consent, the order shall not be effective until thirty (30) days after the publication of notice of the order. (C) Notice shall also be given to each member of the commission. (D) If a civil penalty is being assessed for a violation that occurs within the corporate limits of any municipality in Arkansas, a copy of the public notice shall be delivered to the chief executive officer of the municipality in which the alleged violation occurred, along with a copy of any proposed order concerning the violation, and the municipality shall be given a reasonable opportunity to comment on the proposed order consistent with the public notice and comment requirements of this chapter and rules promulgated under this chapter. (2) Notice of any administrative enforcement order shall contain the following: (A) The identity of the person or facility alleged to be in violation; (B) The location by city or county of the alleged violation; (C) A brief description by environmental media, that is, water, air, solid waste, or hazardous waste, impacted by the alleged violation; (D) The type of administrative action proposed, that is, a consent order, a notice of violation, or an emergency order; and (E) The amount of penalty to be assessed. (3) (A) Any person that comments on a proposed assessment of a penalty under this subsection shall be given notice of any hearing held under this subsection. (B) In any hearing held under this subsection, the person shall have a right to intervene upon timely application. (4) (A) (i) If no adjudicatory hearing is held on a proposed order, any person that commented on the proposed order may petition the commission to set aside the order and provide an adjudicatory hearing. (ii) A petition to set aside such an order must be filed with the commission within thirty (30) days of service of the order. (B) If the evidence presented by the petitioner is material and was not considered in the issuance of the order and the commission finds in light of the new evidence that the order is not reasonable and appropriate, it may set aside the order and provide a hearing. (C) If the commission denies a hearing under this subdivision (d)(4), it shall provide to the petitioner notice of and its reasons for the denial. The denial of such a hearing may be appealed pursuant to § 8-4-222 . (5) On its own initiative, the commission may institute review of any enforcement action taken by the director within thirty (30) days of the effective date of the order. (e) As an alternative to the limits on civil penalties set in subsections (b) and (c) of this section, if a person found liable in actions brought under subsection (b) of this section or subsection (c) of this section has derived pecuniary gain from commission of the offenses, then he or she may be ordered to pay a civil penalty equal to the amount of the pecuniary gain. (f) (1) All moneys collected as reimbursement for expenses, costs, and damages to the Division of Environmental Quality shall be deposited into the operating fund of the Division of Environmental Quality. (2) All moneys collected as civil penalties shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509 . (3) (A) In his or her discretion, the director may authorize in-kind services or cash contributions as partial mitigation of cash penalties for use in projects or programs designed to advance environmental interests. (B) The violator may provide in-kind services or cash contributions as directed by the Division of Environmental Quality by utilizing the violator's own expertise, by hiring and compensating subcontractors to perform the services, by arranging and providing financing for the services, or by other financial arrangements initiated by the Division of Environmental Quality in which the violator and the Division of Environmental Quality retain no monetary benefit, however remote. (C) The services shall not duplicate or augment services already provided by the Division of Environmental Quality through appropriations of the General Assembly. (4) All moneys collected that represent the costs, expenses, or damages of other agencies or subdivisions of the state shall be distributed to the appropriate governmental entity. (g) (1) Pursuant to duly promulgated ordinances or regulations, any governmental entity permitted to operate a publicly owned treatment works shall have the authority to collect in a court of competent jurisdiction civil or criminal penalties in an amount not to exceed one thousand dollars ($1,000) for each violation by industrial users of pretreatment standards or requirements. (2) Such a criminal or civil action may be initiated only after a majority vote of the entity's governing body resolves to pursue such an action. (3) For the purpose of this subsection, each day of a continuing violation may be deemed a separate violation. (h) The culpable mental states referenced throughout this section shall have the same definitions as set out in § 5-2-202 . (i) Solicitation, as defined by § 5-3-301 et seq., or conspiracy, as defined by § 5-3-401 et seq., to commit any criminal act proscribed by this section and §§ 8-6-204 and 8-7-204 shall be punishable as follows: (1) Any solicitation or conspiracy to commit an offense under this section that is a misdemeanor shall be a misdemeanor subject to: (A) Fines not to exceed fifteen thousand dollars ($15,000) per day of violation; (B) Imprisonment for more than six (6) months; or (C) Both such fines and imprisonment; (2) Any solicitation or conspiracy to commit an offense under this section that is a felony subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5) years shall be a felony subject to: (A) Fines up to thirty-five thousand dollars ($35,000) per day; (B) Imprisonment up to two (2) years; or (C) Both such fines and imprisonment; (3) Any solicitation or conspiracy to commit an offense under this section that is a felony subject to fines of one hundred thousand dollars ($100,000) per day or imprisonment up to ten (10) years shall be a felony subject to: (A) Fines up to seventy-five thousand dollars ($75,000) per day; (B) Imprisonment up to seven (7) years; or (C) Both such fines and imprisonment; and (4) Any solicitation or conspiracy to commit an offense under this section that is a felony subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up to twenty (20) years shall be a felony subject to: (A) Fines up to one hundred fifty thousand dollars ($150,000) per day; (B) Imprisonment up to fifteen (15) years; or (C) Both such fines and imprisonment. (j) In cases considering suspension of sentence or probation, efforts or commitments by the defendant to remediate any adverse environmental effects caused by the defendant's activities may be considered by the court to be restitution as contemplated by § 5-4-301 . (k) A business organization or its agents or officers may be found liable under this section in accordance with the standards set forth in § 5-2-501 et seq. and sentenced to pay fines in accordance with the provisions of § 5-4-201(d) and (e) . (l) (1) A person that uses a cleaning agent in violation of this chapter upon conviction is guilty of a violation and is subject to a fine not exceeding one hundred dollars ($100). (2) A person that sells, distributes, or manufactures a cleaning agent in violation of this chapter upon conviction is guilty of a violation and is subject to a fine not exceeding one thousand dollars ($1,000). (3) (A) The Division of Environmental Quality may seize any cleaning agent held for sale or distribution in violation of this chapter. (B) The seized cleaning agents are considered forfeited. Amended by Act 2019, No. 315,§ 455, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 454, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 453, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 452, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 451, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 450, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 449, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2475, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2474, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2473, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2472, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2471, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2470, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2469, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2468, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2467, eff. 7/1/2019. Amended by Act 2013, No. 1127,§ 1, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 9; 1973, No. 262, § 10; 1975, No. 743, § 8; 1983, No. 733, § 1; A.S.A. 1947, § 82-1909; Acts 1987, No. 529, § 1; 1991, No. 884, § 1; 1991, No. 1057, §§ 3, 5; 1993, No. 163, § 10; 1993, No. 165, § 10; 1993, No. 454, § 2; 1993, No. 461, § 2; 1993, No. 731, § 3; 1995, No. 384, § 5; 1995, No. 895, § 1; 2003, No. 133, § 1; 2005, No. 1824, § 5.

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

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

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

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

(i) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (a) Imprisonment for not more than one (1) year; (b) A fine of not more than twenty-five thousand dollars ($25,000); or (c) Both such fine and imprisonment.

(a) Imprisonment for not more than one (1) year;

(b) A fine of not more than twenty-five thousand dollars ($25,000); or

(c) Both such fine and imprisonment.

(ii) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(2) (A) It shall be unlawful for a person to: (i) Violate any provision of this chapter, commit any unlawful act under it, or violate any rule or order of the commission or the Division of Environmental Quality and leave the state or remove his or her person from the jurisdiction of this state; (ii) Purposely, knowingly, or recklessly cause pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby create a substantial likelihood of adversely affecting human health, animal or plant life, or property; or (iii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this chapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this chapter. (B) (i) A person that violates subdivision (a)(2)(A) of this section shall be guilty of a felony. (ii) (a) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (1) Imprisonment for not more than five (5) years; (2) A fine of not more than fifty thousand dollars ($50,000); or (3) Both such fine and imprisonment. (b) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(A) It shall be unlawful for a person to: (i) Violate any provision of this chapter, commit any unlawful act under it, or violate any rule or order of the commission or the Division of Environmental Quality and leave the state or remove his or her person from the jurisdiction of this state; (ii) Purposely, knowingly, or recklessly cause pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby create a substantial likelihood of adversely affecting human health, animal or plant life, or property; or (iii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this chapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this chapter.

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

(ii) Purposely, knowingly, or recklessly cause pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby create a substantial likelihood of adversely affecting human health, animal or plant life, or property; or

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

(B) (i) A person that violates subdivision (a)(2)(A) of this section shall be guilty of a felony. (ii) (a) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (1) Imprisonment for not more than five (5) years; (2) A fine of not more than fifty thousand dollars ($50,000); or (3) Both such fine and imprisonment. (b) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(i) A person that violates subdivision (a)(2)(A) of this section shall be guilty of a felony.

(ii) (a) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (1) Imprisonment for not more than five (5) years; (2) A fine of not more than fifty thousand dollars ($50,000); or (3) Both such fine and imprisonment. (b) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(a) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (1) Imprisonment for not more than five (5) years; (2) A fine of not more than fifty thousand dollars ($50,000); or (3) Both such fine and imprisonment.

(1) Imprisonment for not more than five (5) years;

(2) A fine of not more than fifty thousand dollars ($50,000); or

(3) Both such fine and imprisonment.

(b) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(3) (A) Any person that purposely, knowingly, or recklessly causes pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a felony. (B) (i) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (a) Imprisonment for not more than twenty (20) years; (b) A fine of not more than two hundred fifty thousand dollars ($250,000); or (c) Both such fine and imprisonment. (ii) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(A) Any person that purposely, knowingly, or recklessly causes pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a felony.

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

(i) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (a) Imprisonment for not more than twenty (20) years; (b) A fine of not more than two hundred fifty thousand dollars ($250,000); or (c) Both such fine and imprisonment.

(a) Imprisonment for not more than twenty (20) years;

(b) A fine of not more than two hundred fifty thousand dollars ($250,000); or

(c) Both such fine and imprisonment.

(ii) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(4) Notwithstanding the limits on fines set in subdivisions (a)(1)-(3) of this section, if a person convicted under subdivision (a)(1) of this section, subdivision (a)(2) of this section, or subdivision (a)(3) of this section has derived or will derive pecuniary gains from commission of the offenses, then the person may be sentenced to pay a fine not to exceed two (2) times the amount of the pecuniary gain.

(b) Civil Penalties. The Division of Environmental Quality may institute a civil action in any court of competent jurisdiction to accomplish any of the following: (1) Restrain any violation of or compel compliance with the provisions of this chapter and of any rules, orders, permits, or plans issued pursuant to this chapter; (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this chapter; (3) Recover all costs, expenses, and damages to the Division of Environmental Quality and any other agency or division of the state in enforcing or effectuating the provisions of this chapter, including, but not limited to, natural resource damages; (4) Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for violations of this chapter and of any rules, permits, or plans issued pursuant to this chapter; or (5) Recover civil penalties assessed pursuant to subsection (c) of this section.

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

(2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this chapter;

(3) Recover all costs, expenses, and damages to the Division of Environmental Quality and any other agency or division of the state in enforcing or effectuating the provisions of this chapter, including, but not limited to, natural resource damages;

(4) Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for violations of this chapter and of any rules, permits, or plans issued pursuant to this chapter; or

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

(c) (1) (A) Any person that violates any provision of this chapter and rules, permits, or plans issued pursuant to this chapter may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation. (B) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment. (2) (A) No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing in accordance with rules adopted by the commission. (B) All hearings and appeals arising under this chapter shall be conducted in accordance with the procedures prescribed by §§ 8-4-205 , 8-4-212 , and 8-4-218 - 8-4-229 . (C) These administrative procedures may also be used to recover all costs, expenses, and damages to the Division of Environmental Quality and any other agency or subdivision of the state in enforcing or effectuating the provisions of this chapter, including, but not limited to, natural resource damages.

(1) (A) Any person that violates any provision of this chapter and rules, permits, or plans issued pursuant to this chapter may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation. (B) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment.

(A) Any person that violates any provision of this chapter and rules, permits, or plans issued pursuant to this chapter may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation.

(B) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment.

(2) (A) No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing in accordance with rules adopted by the commission. (B) All hearings and appeals arising under this chapter shall be conducted in accordance with the procedures prescribed by §§ 8-4-205 , 8-4-212 , and 8-4-218 - 8-4-229 . (C) These administrative procedures may also be used to recover all costs, expenses, and damages to the Division of Environmental Quality and any other agency or subdivision of the state in enforcing or effectuating the provisions of this chapter, including, but not limited to, natural resource damages.

(A) No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing in accordance with rules adopted by the commission.

(B) All hearings and appeals arising under this chapter shall be conducted in accordance with the procedures prescribed by §§ 8-4-205 , 8-4-212 , and 8-4-218 - 8-4-229 .

(C) These administrative procedures may also be used to recover all costs, expenses, and damages to the Division of Environmental Quality and any other agency or subdivision of the state in enforcing or effectuating the provisions of this chapter, including, but not limited to, natural resource damages.

(d) (1) (A) Before assessing a civil penalty under subsection (c) of this section, the Director of the Division of Environmental Quality shall provide public notice of and a reasonable opportunity to comment on the proposed issuance of the order. (B) If the civil penalty is being assessed under an order on consent, the order shall not be effective until thirty (30) days after the publication of notice of the order. (C) Notice shall also be given to each member of the commission. (D) If a civil penalty is being assessed for a violation that occurs within the corporate limits of any municipality in Arkansas, a copy of the public notice shall be delivered to the chief executive officer of the municipality in which the alleged violation occurred, along with a copy of any proposed order concerning the violation, and the municipality shall be given a reasonable opportunity to comment on the proposed order consistent with the public notice and comment requirements of this chapter and rules promulgated under this chapter. (2) Notice of any administrative enforcement order shall contain the following: (A) The identity of the person or facility alleged to be in violation; (B) The location by city or county of the alleged violation; (C) A brief description by environmental media, that is, water, air, solid waste, or hazardous waste, impacted by the alleged violation; (D) The type of administrative action proposed, that is, a consent order, a notice of violation, or an emergency order; and (E) The amount of penalty to be assessed. (3) (A) Any person that comments on a proposed assessment of a penalty under this subsection shall be given notice of any hearing held under this subsection. (B) In any hearing held under this subsection, the person shall have a right to intervene upon timely application. (4) (A) (i) If no adjudicatory hearing is held on a proposed order, any person that commented on the proposed order may petition the commission to set aside the order and provide an adjudicatory hearing. (ii) A petition to set aside such an order must be filed with the commission within thirty (30) days of service of the order. (B) If the evidence presented by the petitioner is material and was not considered in the issuance of the order and the commission finds in light of the new evidence that the order is not reasonable and appropriate, it may set aside the order and provide a hearing. (C) If the commission denies a hearing under this subdivision (d)(4), it shall provide to the petitioner notice of and its reasons for the denial. The denial of such a hearing may be appealed pursuant to § 8-4-222 . (5) On its own initiative, the commission may institute review of any enforcement action taken by the director within thirty (30) days of the effective date of the order.

(1) (A) Before assessing a civil penalty under subsection (c) of this section, the Director of the Division of Environmental Quality shall provide public notice of and a reasonable opportunity to comment on the proposed issuance of the order. (B) If the civil penalty is being assessed under an order on consent, the order shall not be effective until thirty (30) days after the publication of notice of the order. (C) Notice shall also be given to each member of the commission. (D) If a civil penalty is being assessed for a violation that occurs within the corporate limits of any municipality in Arkansas, a copy of the public notice shall be delivered to the chief executive officer of the municipality in which the alleged violation occurred, along with a copy of any proposed order concerning the violation, and the municipality shall be given a reasonable opportunity to comment on the proposed order consistent with the public notice and comment requirements of this chapter and rules promulgated under this chapter.

(A) Before assessing a civil penalty under subsection (c) of this section, the Director of the Division of Environmental Quality shall provide public notice of and a reasonable opportunity to comment on the proposed issuance of the order.

(B) If the civil penalty is being assessed under an order on consent, the order shall not be effective until thirty (30) days after the publication of notice of the order.

(C) Notice shall also be given to each member of the commission.

(D) If a civil penalty is being assessed for a violation that occurs within the corporate limits of any municipality in Arkansas, a copy of the public notice shall be delivered to the chief executive officer of the municipality in which the alleged violation occurred, along with a copy of any proposed order concerning the violation, and the municipality shall be given a reasonable opportunity to comment on the proposed order consistent with the public notice and comment requirements of this chapter and rules promulgated under this chapter.

(2) Notice of any administrative enforcement order shall contain the following: (A) The identity of the person or facility alleged to be in violation; (B) The location by city or county of the alleged violation; (C) A brief description by environmental media, that is, water, air, solid waste, or hazardous waste, impacted by the alleged violation; (D) The type of administrative action proposed, that is, a consent order, a notice of violation, or an emergency order; and (E) The amount of penalty to be assessed.

(A) The identity of the person or facility alleged to be in violation;

(B) The location by city or county of the alleged violation;

(C) A brief description by environmental media, that is, water, air, solid waste, or hazardous waste, impacted by the alleged violation;

(D) The type of administrative action proposed, that is, a consent order, a notice of violation, or an emergency order; and

(E) The amount of penalty to be assessed.

(3) (A) Any person that comments on a proposed assessment of a penalty under this subsection shall be given notice of any hearing held under this subsection. (B) In any hearing held under this subsection, the person shall have a right to intervene upon timely application.

(A) Any person that comments on a proposed assessment of a penalty under this subsection shall be given notice of any hearing held under this subsection.

(B) In any hearing held under this subsection, the person shall have a right to intervene upon timely application.

(4) (A) (i) If no adjudicatory hearing is held on a proposed order, any person that commented on the proposed order may petition the commission to set aside the order and provide an adjudicatory hearing. (ii) A petition to set aside such an order must be filed with the commission within thirty (30) days of service of the order. (B) If the evidence presented by the petitioner is material and was not considered in the issuance of the order and the commission finds in light of the new evidence that the order is not reasonable and appropriate, it may set aside the order and provide a hearing. (C) If the commission denies a hearing under this subdivision (d)(4), it shall provide to the petitioner notice of and its reasons for the denial. The denial of such a hearing may be appealed pursuant to § 8-4-222 .

(A) (i) If no adjudicatory hearing is held on a proposed order, any person that commented on the proposed order may petition the commission to set aside the order and provide an adjudicatory hearing. (ii) A petition to set aside such an order must be filed with the commission within thirty (30) days of service of the order.

(i) If no adjudicatory hearing is held on a proposed order, any person that commented on the proposed order may petition the commission to set aside the order and provide an adjudicatory hearing.

(ii) A petition to set aside such an order must be filed with the commission within thirty (30) days of service of the order.

(B) If the evidence presented by the petitioner is material and was not considered in the issuance of the order and the commission finds in light of the new evidence that the order is not reasonable and appropriate, it may set aside the order and provide a hearing.

(C) If the commission denies a hearing under this subdivision (d)(4), it shall provide to the petitioner notice of and its reasons for the denial. The denial of such a hearing may be appealed pursuant to § 8-4-222 .

(5) On its own initiative, the commission may institute review of any enforcement action taken by the director within thirty (30) days of the effective date of the order.

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

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

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

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

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

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

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

(C) The services shall not duplicate or augment services already provided by the Division of Environmental Quality through appropriations of the General Assembly.

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

(g) (1) Pursuant to duly promulgated ordinances or regulations, any governmental entity permitted to operate a publicly owned treatment works shall have the authority to collect in a court of competent jurisdiction civil or criminal penalties in an amount not to exceed one thousand dollars ($1,000) for each violation by industrial users of pretreatment standards or requirements. (2) Such a criminal or civil action may be initiated only after a majority vote of the entity's governing body resolves to pursue such an action. (3) For the purpose of this subsection, each day of a continuing violation may be deemed a separate violation.

(1) Pursuant to duly promulgated ordinances or regulations, any governmental entity permitted to operate a publicly owned treatment works shall have the authority to collect in a court of competent jurisdiction civil or criminal penalties in an amount not to exceed one thousand dollars ($1,000) for each violation by industrial users of pretreatment standards or requirements.

(2) Such a criminal or civil action may be initiated only after a majority vote of the entity's governing body resolves to pursue such an action.

(3) For the purpose of this subsection, each day of a continuing violation may be deemed a separate violation.

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

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

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

(A) Fines not to exceed fifteen thousand dollars ($15,000) per day of violation;

(B) Imprisonment for more than six (6) months; or

(C) Both such fines and imprisonment;

(2) Any solicitation or conspiracy to commit an offense under this section that is a felony subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5) years shall be a felony subject to: (A) Fines up to thirty-five thousand dollars ($35,000) per day; (B) Imprisonment up to two (2) years; or (C) Both such fines and imprisonment;

(A) Fines up to thirty-five thousand dollars ($35,000) per day;

(B) Imprisonment up to two (2) years; or

(C) Both such fines and imprisonment;

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

(A) Fines up to seventy-five thousand dollars ($75,000) per day;

(B) Imprisonment up to seven (7) years; or

(C) Both such fines and imprisonment; and

(4) Any solicitation or conspiracy to commit an offense under this section that is a felony subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up to twenty (20) years shall be a felony subject to: (A) Fines up to one hundred fifty thousand dollars ($150,000) per day; (B) Imprisonment up to fifteen (15) years; or (C) Both such fines and imprisonment.

(A) Fines up to one hundred fifty thousand dollars ($150,000) per day;

(B) Imprisonment up to fifteen (15) years; or

(C) Both such fines and imprisonment.

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

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

(l) (1) A person that uses a cleaning agent in violation of this chapter upon conviction is guilty of a violation and is subject to a fine not exceeding one hundred dollars ($100). (2) A person that sells, distributes, or manufactures a cleaning agent in violation of this chapter upon conviction is guilty of a violation and is subject to a fine not exceeding one thousand dollars ($1,000). (3) (A) The Division of Environmental Quality may seize any cleaning agent held for sale or distribution in violation of this chapter. (B) The seized cleaning agents are considered forfeited.

(1) A person that uses a cleaning agent in violation of this chapter upon conviction is guilty of a violation and is subject to a fine not exceeding one hundred dollars ($100).

(2) A person that sells, distributes, or manufactures a cleaning agent in violation of this chapter upon conviction is guilty of a violation and is subject to a fine not exceeding one thousand dollars ($1,000).

(3) (A) The Division of Environmental Quality may seize any cleaning agent held for sale or distribution in violation of this chapter. (B) The seized cleaning agents are considered forfeited.

(A) The Division of Environmental Quality may seize any cleaning agent held for sale or distribution in violation of this chapter.

(B) The seized cleaning agents are considered forfeited.

Amended by Act 2019, No. 315,§ 455, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 454, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 453, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 452, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 451, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 450, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 449, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2475, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2474, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2473, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2472, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2471, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2470, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2469, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2468, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2467, eff. 7/1/2019.

Amended by Act 2013, No. 1127,§ 1, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 9; 1973, No. 262, § 10; 1975, No. 743, § 8; 1983, No. 733, § 1; A.S.A. 1947, § 82-1909; Acts 1987, No. 529, § 1; 1991, No. 884, § 1; 1991, No. 1057, §§ 3, 5; 1993, No. 163, § 10; 1993, No. 165, § 10; 1993, No. 454, § 2; 1993, No. 461, § 2; 1993, No. 731, § 3; 1995, No. 384, § 5; 1995, No. 895, § 1; 2003, No. 133, § 1; 2005, No. 1824, § 5.