Ark. Code Ann. § 8-7-520 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-520
Contribution
Status: in_force

(a) Any person who has undertaken or is undertaking remedial action at a hazardous substance site in response to an administrative or judicial order initiated against such person pursuant to § 8-7-508 or § 8-7-1104(d) may obtain contribution from any other person who is liable for such hazardous substance site. (b) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicially approved settlement may obtain contribution from any person who is liable for such hazardous substance site and is not a party to the settlement. (c) Those persons identified under § 8-7-512(a) shall be the persons liable for the hazardous substance site. (d) An action for contribution may be brought in the circuit court of the county in which the hazardous substance site is located. In resolving contribution claims, the circuit court shall allocate the costs and expenses incurred or to be incurred by the contribution claimant or claimants for undertaking remedial action among all persons liable for the hazardous substance site, using such equitable factors as the circuit court determines are appropriate. (e) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicial proceeding or settlement shall not be liable for claims for contribution regarding matters addressed in the order or settlement which have been satisfactorily resolved. Such order or settlement does not discharge any of the other persons liable for the hazardous substance site who did not undertake or participate in the remedial action, unless the terms of the order or settlement so provide. (f) No action for contribution may be commenced more than three (3) years after the date of the administrative or judicial order or settlement with respect to such remedial action. In any such action, the circuit court shall enter a declaratory judgment on liability that will be binding on any subsequent action to recover costs and expenses for remedial action. (g) In any action for contribution, judicial review of any issues concerning the adequacy of the remedial action shall be limited to the administrative record to determine whether the selected remedy contained in the order or settlement is arbitrary or capricious, and then only such costs and expenses as are found to be inconsistent with those terms of the administrative or judicial order or settlement found to be arbitrary or capricious may be disallowed. Amended by Act 2019, No. 693,§ 22, eff. 7/24/2019. Acts 1989, No. 441, § 3; 1995, No. 125, § 3; 1997, No. 1042, § 2.

(a) Any person who has undertaken or is undertaking remedial action at a hazardous substance site in response to an administrative or judicial order initiated against such person pursuant to § 8-7-508 or § 8-7-1104(d) may obtain contribution from any other person who is liable for such hazardous substance site.

(b) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicially approved settlement may obtain contribution from any person who is liable for such hazardous substance site and is not a party to the settlement.

(c) Those persons identified under § 8-7-512(a) shall be the persons liable for the hazardous substance site.

(d) An action for contribution may be brought in the circuit court of the county in which the hazardous substance site is located. In resolving contribution claims, the circuit court shall allocate the costs and expenses incurred or to be incurred by the contribution claimant or claimants for undertaking remedial action among all persons liable for the hazardous substance site, using such equitable factors as the circuit court determines are appropriate.

(e) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicial proceeding or settlement shall not be liable for claims for contribution regarding matters addressed in the order or settlement which have been satisfactorily resolved. Such order or settlement does not discharge any of the other persons liable for the hazardous substance site who did not undertake or participate in the remedial action, unless the terms of the order or settlement so provide.

(f) No action for contribution may be commenced more than three (3) years after the date of the administrative or judicial order or settlement with respect to such remedial action. In any such action, the circuit court shall enter a declaratory judgment on liability that will be binding on any subsequent action to recover costs and expenses for remedial action.

(g) In any action for contribution, judicial review of any issues concerning the adequacy of the remedial action shall be limited to the administrative record to determine whether the selected remedy contained in the order or settlement is arbitrary or capricious, and then only such costs and expenses as are found to be inconsistent with those terms of the administrative or judicial order or settlement found to be arbitrary or capricious may be disallowed.

Amended by Act 2019, No. 693,§ 22, eff. 7/24/2019.

Acts 1989, No. 441, § 3; 1995, No. 125, § 3; 1997, No. 1042, § 2.
Ark. Code Ann. § 8-5-605 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-605
Applicability
Status: in_force

This subchapter does not apply to the disposition of surplus property by a local government, nor to any other action of a local government which is not connected with a privatization contract. Acts 1985, No. 690, § 6; A.S.A. 1947, § 82-1992.5.

This subchapter does not apply to the disposition of surplus property by a local government, nor to any other action of a local government which is not connected with a privatization contract.

Acts 1985, No. 690, § 6; A.S.A. 1947, § 82-1992.5.
Ark. Code Ann. § 8-7-808 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-808
Regulated Substance Storage Tank Program Fund
Status: in_force

There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Regulated Substance Storage Tank Program Fund". Such Regulated Substance Storage Tank Program Fund shall consist of federal funds, any necessary state matching funds as may be provided by the General Assembly, licensure fees, annual registration fees, and any moneys recovered by the Division of Environmental Quality which are attributable to collections of civil penalties under § 8-7-806 or to costs under § 8-7-807 not owed the Petroleum Storage Tank Trust Fund. All said moneys shall be deposited as special revenues to be used in the administration of this subchapter. Amended by Act 2019, No. 910,§ 2797, eff. 7/1/2019. Acts 1989, No. 172, § 8.

There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Regulated Substance Storage Tank Program Fund". Such Regulated Substance Storage Tank Program Fund shall consist of federal funds, any necessary state matching funds as may be provided by the General Assembly, licensure fees, annual registration fees, and any moneys recovered by the Division of Environmental Quality which are attributable to collections of civil penalties under § 8-7-806 or to costs under § 8-7-807 not owed the Petroleum Storage Tank Trust Fund. All said moneys shall be deposited as special revenues to be used in the administration of this subchapter.

Amended by Act 2019, No. 910,§ 2797, eff. 7/1/2019.

Acts 1989, No. 172, § 8.
Ark. Code Ann. § 8-7-206 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-206
Private right of action
Status: in_force

Any person adversely affected by a violation of this subchapter or of any rules or orders issued pursuant thereto shall have a private right of action for relief against such violation. Amended by Act 2019, No. 315,§ 605, eff. 7/24/2019. Acts 1979, No. 406, § 15; A.S.A. 1947, § 82-4215.

Any person adversely affected by a violation of this subchapter or of any rules or orders issued pursuant thereto shall have a private right of action for relief against such violation.

Amended by Act 2019, No. 315,§ 605, eff. 7/24/2019.

Acts 1979, No. 406, § 15; A.S.A. 1947, § 82-4215.
Ark. Code Ann. § 8-4-212 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-212
Adjudicatory hearings and orders
Status: in_force

(a) No final order resolving a contested decision of the Division of Environmental Quality shall be issued until the Arkansas Pollution Control and Ecology Commission has provided aggrieved persons that have standing the opportunity for an adjudicatory hearing upon the matter. (b) Any person that will be directly affected by the order shall have the right to be heard at the hearing, to submit evidence, and to be represented by counsel. (c) Written notice specifying the time and place of the hearing shall be served by the commission in the manner provided by § 8-4-214 upon all persons known by it to be directly affected by the order, not less than ten (10) days before the date of the hearing. (d) A copy of any order issued by the commission after the hearing shall also be served upon the persons. Amended by Act 2019, No. 910,§ 2500, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5.

(a) No final order resolving a contested decision of the Division of Environmental Quality shall be issued until the Arkansas Pollution Control and Ecology Commission has provided aggrieved persons that have standing the opportunity for an adjudicatory hearing upon the matter.

(b) Any person that will be directly affected by the order shall have the right to be heard at the hearing, to submit evidence, and to be represented by counsel.

(c) Written notice specifying the time and place of the hearing shall be served by the commission in the manner provided by § 8-4-214 upon all persons known by it to be directly affected by the order, not less than ten (10) days before the date of the hearing.

(d) A copy of any order issued by the commission after the hearing shall also be served upon the persons.

Amended by Act 2019, No. 910,§ 2500, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5.
Ark. Code Ann. § 8-6-707 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-707
Creation of new regional districts
Status: in_force

(a) (1) (A) After notification of the appropriate regional solid waste management board or boards, the Arkansas Pollution Control and Ecology Commission may designate a county or counties within each regional solid waste management district or counties within two (2) or more districts as a new district pursuant to the limitations of this section. (B) New districts shall be designated for purposes that address local exigencies, needs, and other requirements of this subchapter. (C) A district shall only be composed of whole county jurisdictions, and each district shall contain more than one (1) county unless that county has a population of: (i) (a) At least fifty thousand (50,000) according to the most recent federal decennial census. (b) However, a single-county district that has been approved under this section shall not cease to be a valid district under this section if the population of the single county composing the district is determined to be less than fifty thousand (50,000) according to a federal decennial census occurring after the approval of the single-county district; or (ii) At least twenty-five thousand (25,000) according to the most recent federal decennial census and the county is served by one (1) county sanitation authority under § 14-233-104 . (2) Commission approval of district boundaries shall be sought and obtained pursuant to administrative procedures promulgated by the commission. (b) (1) Counties and municipalities included in a new or revised district shall cease to be members of any other district. (2) The term of a board member representing a county or municipality shall immediately expire upon the inclusion of the county or municipality within a new district. (c) After notification of the appropriate boards, the commission, upon the request of a county or district, may transfer a county into an existing district. Amended by Act 2015, No. 1162,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1244,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 371,§ 1, eff. 8/16/2013. Acts 1989, No. 870, § 9; 1991, No. 752, § 2; 1991, No. 786, § 7.

(a) (1) (A) After notification of the appropriate regional solid waste management board or boards, the Arkansas Pollution Control and Ecology Commission may designate a county or counties within each regional solid waste management district or counties within two (2) or more districts as a new district pursuant to the limitations of this section. (B) New districts shall be designated for purposes that address local exigencies, needs, and other requirements of this subchapter. (C) A district shall only be composed of whole county jurisdictions, and each district shall contain more than one (1) county unless that county has a population of: (i) (a) At least fifty thousand (50,000) according to the most recent federal decennial census. (b) However, a single-county district that has been approved under this section shall not cease to be a valid district under this section if the population of the single county composing the district is determined to be less than fifty thousand (50,000) according to a federal decennial census occurring after the approval of the single-county district; or (ii) At least twenty-five thousand (25,000) according to the most recent federal decennial census and the county is served by one (1) county sanitation authority under § 14-233-104 . (2) Commission approval of district boundaries shall be sought and obtained pursuant to administrative procedures promulgated by the commission.

(1) (A) After notification of the appropriate regional solid waste management board or boards, the Arkansas Pollution Control and Ecology Commission may designate a county or counties within each regional solid waste management district or counties within two (2) or more districts as a new district pursuant to the limitations of this section. (B) New districts shall be designated for purposes that address local exigencies, needs, and other requirements of this subchapter. (C) A district shall only be composed of whole county jurisdictions, and each district shall contain more than one (1) county unless that county has a population of: (i) (a) At least fifty thousand (50,000) according to the most recent federal decennial census. (b) However, a single-county district that has been approved under this section shall not cease to be a valid district under this section if the population of the single county composing the district is determined to be less than fifty thousand (50,000) according to a federal decennial census occurring after the approval of the single-county district; or (ii) At least twenty-five thousand (25,000) according to the most recent federal decennial census and the county is served by one (1) county sanitation authority under § 14-233-104 .

(A) After notification of the appropriate regional solid waste management board or boards, the Arkansas Pollution Control and Ecology Commission may designate a county or counties within each regional solid waste management district or counties within two (2) or more districts as a new district pursuant to the limitations of this section.

(B) New districts shall be designated for purposes that address local exigencies, needs, and other requirements of this subchapter.

(C) A district shall only be composed of whole county jurisdictions, and each district shall contain more than one (1) county unless that county has a population of: (i) (a) At least fifty thousand (50,000) according to the most recent federal decennial census. (b) However, a single-county district that has been approved under this section shall not cease to be a valid district under this section if the population of the single county composing the district is determined to be less than fifty thousand (50,000) according to a federal decennial census occurring after the approval of the single-county district; or (ii) At least twenty-five thousand (25,000) according to the most recent federal decennial census and the county is served by one (1) county sanitation authority under § 14-233-104 .

(i) (a) At least fifty thousand (50,000) according to the most recent federal decennial census. (b) However, a single-county district that has been approved under this section shall not cease to be a valid district under this section if the population of the single county composing the district is determined to be less than fifty thousand (50,000) according to a federal decennial census occurring after the approval of the single-county district; or

(a) At least fifty thousand (50,000) according to the most recent federal decennial census.

(b) However, a single-county district that has been approved under this section shall not cease to be a valid district under this section if the population of the single county composing the district is determined to be less than fifty thousand (50,000) according to a federal decennial census occurring after the approval of the single-county district; or

(ii) At least twenty-five thousand (25,000) according to the most recent federal decennial census and the county is served by one (1) county sanitation authority under § 14-233-104 .

(2) Commission approval of district boundaries shall be sought and obtained pursuant to administrative procedures promulgated by the commission.

(b) (1) Counties and municipalities included in a new or revised district shall cease to be members of any other district. (2) The term of a board member representing a county or municipality shall immediately expire upon the inclusion of the county or municipality within a new district.

(1) Counties and municipalities included in a new or revised district shall cease to be members of any other district.

(2) The term of a board member representing a county or municipality shall immediately expire upon the inclusion of the county or municipality within a new district.

(c) After notification of the appropriate boards, the commission, upon the request of a county or district, may transfer a county into an existing district.

Amended by Act 2015, No. 1162,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1244,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 371,§ 1, eff. 8/16/2013.

Acts 1989, No. 870, § 9; 1991, No. 752, § 2; 1991, No. 786, § 7.
Ark. Code Ann. § 8-5-702 — AR Code / Title 8 / Chapter 5 / Subchapter 7 / Section 8-5-702
Remedies for chronic violations
Status: in_force

(a) The Division of Environmental Quality may petition a circuit court with competent jurisdiction and proper venue to remedy chronic violations by any common sewage system. (b) The circuit court may order any relief authorized by applicable laws, including: (1) The imposition of civil penalties; (2) The revocation of the entity's permit; and (3) A court order compelling the entity supplying potable water to the common sewage system to cut off the flow of potable water. (c) (1) If the circuit court finds that circumstances prevent the owner or operator of a common sewage system from operating and maintaining the system in compliance with the law, the division shall nominate two (2) possible receivers, of which the court may appoint one (1) to operate the common sewage system, subject to the continuing jurisdiction of the circuit court. (2) Any such receiver appointed by the circuit court may exercise any and all legal powers and rights assigned by law to the original owner or operator of the common sewage system, but is immune to any personal liability associated with the operation of the common sewage system. (3) Once a receiver is appointed by the circuit court to operate the common sewage system, the circuit court may make available to the receiver funds pledged by the common sewage system under the minimal financial assurance provision of this subchapter, and, in addition, the receiver may assess rates as necessary to operate and maintain the common sewage system. The receiver is explicitly authorized to operate the common sewage system with the proceeds collected from the facilities which are connected to such common sewage system. The receiver shall receive a reasonable professional fee for this service, which shall be determined by the circuit court. The proceeds collected by the receiver shall be maintained in an account at a national bank located within the State of Arkansas. The receiver shall report to the circuit court, from time to time, how the proceeds have been collected and spent by the receiver. (d) (1) If the circuit court determines that the permitted or registered entity cannot equitably satisfy the provisions of this subchapter or that no feasible alternatives exist, the circuit court shall so certify that determination to the division, which shall terminate the entity's permit, and the circuit court shall request a review by the Secretary of the Department of Health of the public health impact of an order compelling the entity supplying potable water to the common sewage system to cut off the flow of potable water. (2) (A) If the secretary determines that a greater health hazard exists from the malfunctioning common sewage system than from the discontinuance of potable water service, then the secretary shall so certify this determination to the circuit court. (B) The circuit court shall then issue an order compelling the receiver to notify all users of such common sewage system, including landowners and tenants, of the secretary's determination. (C) Upon evidence of reasonable notice, the circuit court shall then issue the order to cut off the flow of potable water. (e) The division is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) Restrain any violation of or compel compliance with the provisions of this subchapter and of rules, orders, permits, or plans issued pursuant thereto; (2) Affirmatively order remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; (3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, 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 subchapter and of any rules, permits, or plans issued pursuant thereto; or (5) Recover civil penalties assessed pursuant to § 8-4-103(c) . (f) (1) In addition to the remedies provided in subsections (a)-(e) of this section, the division shall have the authority to prohibit new or additional sewer line connections onto a common sewage system meeting the criteria established by § 8-5-701 . (2) Once the division is satisfied that the common sewage system is in compliance with state and federal law, the division may authorize new or additional sewer line connections onto the common sewage system. Amended by Act 2019, No. 315,§ 518, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 517, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2569, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2568, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2567, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2566, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2565, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2564, eff. 7/1/2019. Acts 1995, No. 336, § 1; 1997, No. 287, § 1; 1999, No. 1164, §§ 46-49.

(a) The Division of Environmental Quality may petition a circuit court with competent jurisdiction and proper venue to remedy chronic violations by any common sewage system.

(b) The circuit court may order any relief authorized by applicable laws, including: (1) The imposition of civil penalties; (2) The revocation of the entity's permit; and (3) A court order compelling the entity supplying potable water to the common sewage system to cut off the flow of potable water.

(1) The imposition of civil penalties;

(2) The revocation of the entity's permit; and

(3) A court order compelling the entity supplying potable water to the common sewage system to cut off the flow of potable water.

(c) (1) If the circuit court finds that circumstances prevent the owner or operator of a common sewage system from operating and maintaining the system in compliance with the law, the division shall nominate two (2) possible receivers, of which the court may appoint one (1) to operate the common sewage system, subject to the continuing jurisdiction of the circuit court. (2) Any such receiver appointed by the circuit court may exercise any and all legal powers and rights assigned by law to the original owner or operator of the common sewage system, but is immune to any personal liability associated with the operation of the common sewage system. (3) Once a receiver is appointed by the circuit court to operate the common sewage system, the circuit court may make available to the receiver funds pledged by the common sewage system under the minimal financial assurance provision of this subchapter, and, in addition, the receiver may assess rates as necessary to operate and maintain the common sewage system. The receiver is explicitly authorized to operate the common sewage system with the proceeds collected from the facilities which are connected to such common sewage system. The receiver shall receive a reasonable professional fee for this service, which shall be determined by the circuit court. The proceeds collected by the receiver shall be maintained in an account at a national bank located within the State of Arkansas. The receiver shall report to the circuit court, from time to time, how the proceeds have been collected and spent by the receiver.

(1) If the circuit court finds that circumstances prevent the owner or operator of a common sewage system from operating and maintaining the system in compliance with the law, the division shall nominate two (2) possible receivers, of which the court may appoint one (1) to operate the common sewage system, subject to the continuing jurisdiction of the circuit court.

(2) Any such receiver appointed by the circuit court may exercise any and all legal powers and rights assigned by law to the original owner or operator of the common sewage system, but is immune to any personal liability associated with the operation of the common sewage system.

(3) Once a receiver is appointed by the circuit court to operate the common sewage system, the circuit court may make available to the receiver funds pledged by the common sewage system under the minimal financial assurance provision of this subchapter, and, in addition, the receiver may assess rates as necessary to operate and maintain the common sewage system. The receiver is explicitly authorized to operate the common sewage system with the proceeds collected from the facilities which are connected to such common sewage system. The receiver shall receive a reasonable professional fee for this service, which shall be determined by the circuit court. The proceeds collected by the receiver shall be maintained in an account at a national bank located within the State of Arkansas. The receiver shall report to the circuit court, from time to time, how the proceeds have been collected and spent by the receiver.

(d) (1) If the circuit court determines that the permitted or registered entity cannot equitably satisfy the provisions of this subchapter or that no feasible alternatives exist, the circuit court shall so certify that determination to the division, which shall terminate the entity's permit, and the circuit court shall request a review by the Secretary of the Department of Health of the public health impact of an order compelling the entity supplying potable water to the common sewage system to cut off the flow of potable water. (2) (A) If the secretary determines that a greater health hazard exists from the malfunctioning common sewage system than from the discontinuance of potable water service, then the secretary shall so certify this determination to the circuit court. (B) The circuit court shall then issue an order compelling the receiver to notify all users of such common sewage system, including landowners and tenants, of the secretary's determination. (C) Upon evidence of reasonable notice, the circuit court shall then issue the order to cut off the flow of potable water.

(1) If the circuit court determines that the permitted or registered entity cannot equitably satisfy the provisions of this subchapter or that no feasible alternatives exist, the circuit court shall so certify that determination to the division, which shall terminate the entity's permit, and the circuit court shall request a review by the Secretary of the Department of Health of the public health impact of an order compelling the entity supplying potable water to the common sewage system to cut off the flow of potable water.

(2) (A) If the secretary determines that a greater health hazard exists from the malfunctioning common sewage system than from the discontinuance of potable water service, then the secretary shall so certify this determination to the circuit court. (B) The circuit court shall then issue an order compelling the receiver to notify all users of such common sewage system, including landowners and tenants, of the secretary's determination. (C) Upon evidence of reasonable notice, the circuit court shall then issue the order to cut off the flow of potable water.

(A) If the secretary determines that a greater health hazard exists from the malfunctioning common sewage system than from the discontinuance of potable water service, then the secretary shall so certify this determination to the circuit court.

(B) The circuit court shall then issue an order compelling the receiver to notify all users of such common sewage system, including landowners and tenants, of the secretary's determination.

(C) Upon evidence of reasonable notice, the circuit court shall then issue the order to cut off the flow of potable water.

(e) The division is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) Restrain any violation of or compel compliance with the provisions of this subchapter and of rules, orders, permits, or plans issued pursuant thereto; (2) Affirmatively order remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; (3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, 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 subchapter and of any rules, permits, or plans issued pursuant thereto; or (5) Recover civil penalties assessed pursuant to § 8-4-103(c) .

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

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

(3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, 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 subchapter and of any rules, permits, or plans issued pursuant thereto; or

(5) Recover civil penalties assessed pursuant to § 8-4-103(c) .

(f) (1) In addition to the remedies provided in subsections (a)-(e) of this section, the division shall have the authority to prohibit new or additional sewer line connections onto a common sewage system meeting the criteria established by § 8-5-701 . (2) Once the division is satisfied that the common sewage system is in compliance with state and federal law, the division may authorize new or additional sewer line connections onto the common sewage system.

(1) In addition to the remedies provided in subsections (a)-(e) of this section, the division shall have the authority to prohibit new or additional sewer line connections onto a common sewage system meeting the criteria established by § 8-5-701 .

(2) Once the division is satisfied that the common sewage system is in compliance with state and federal law, the division may authorize new or additional sewer line connections onto the common sewage system.

Amended by Act 2019, No. 315,§ 518, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 517, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2569, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2568, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2567, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2566, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2565, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2564, eff. 7/1/2019.

Acts 1995, No. 336, § 1; 1997, No. 287, § 1; 1999, No. 1164, §§ 46-49.
Ark. Code Ann. § 8-3-203 — AR Code / Title 8 / Chapter 3 / Subchapter 2 / Section 8-3-203
State plan preferred - State plan dependent on federal emission guidelines
Status: in_force

(a) (1) This subchapter does not require the Division of Environmental Quality to develop a state plan to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) . (2) However, submission of a state plan is the preferred method of compliance with federal emission guidelines. (b) (1) Notwithstanding approval by the Legislative Council of submission of a state plan to the United States Environmental Protection Agency or submission by the Governor of a state plan under § 8-3-207 , further action by a state agency to implement or enforce a final, approved state plan is dependent upon the final adoption of the federal emission guidelines. (2) If the federal emission guidelines are not adopted or are adopted and subsequently suspended or held to be contrary to law, a state agency shall suspend or terminate, as appropriate, further action to implement or enforce the state plan. Amended by Act 2019, No. 910,§ 2455, eff. 7/1/2019. Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

(a) (1) This subchapter does not require the Division of Environmental Quality to develop a state plan to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) . (2) However, submission of a state plan is the preferred method of compliance with federal emission guidelines.

(1) This subchapter does not require the Division of Environmental Quality to develop a state plan to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) .

(2) However, submission of a state plan is the preferred method of compliance with federal emission guidelines.

(b) (1) Notwithstanding approval by the Legislative Council of submission of a state plan to the United States Environmental Protection Agency or submission by the Governor of a state plan under § 8-3-207 , further action by a state agency to implement or enforce a final, approved state plan is dependent upon the final adoption of the federal emission guidelines. (2) If the federal emission guidelines are not adopted or are adopted and subsequently suspended or held to be contrary to law, a state agency shall suspend or terminate, as appropriate, further action to implement or enforce the state plan.

(1) Notwithstanding approval by the Legislative Council of submission of a state plan to the United States Environmental Protection Agency or submission by the Governor of a state plan under § 8-3-207 , further action by a state agency to implement or enforce a final, approved state plan is dependent upon the final adoption of the federal emission guidelines.

(2) If the federal emission guidelines are not adopted or are adopted and subsequently suspended or held to be contrary to law, a state agency shall suspend or terminate, as appropriate, further action to implement or enforce the state plan.

Amended by Act 2019, No. 910,§ 2455, eff. 7/1/2019.

Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 8-6-1704 — AR Code / Title 8 / Chapter 6 / Subchapter 17 / Section 8-6-1704
Private rights unchanged
Status: in_force

This subchapter shall not be construed as impairing common law private rights of action. Acts 1997, No. 1151, § 4.

This subchapter shall not be construed as impairing common law private rights of action.

Acts 1997, No. 1151, § 4.
Ark. Code Ann. § 8-9-602 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-602
Purpose
Status: in_force

The purpose of this subchapter is to reduce the quantity of mercury in the environment by removing mercury switches from end-of-life vehicles and by creating a collection and recovery program for mercury switches removed from end-of-life vehicles in the State of Arkansas. Acts 2005, No. 649, § 1.

The purpose of this subchapter is to reduce the quantity of mercury in the environment by removing mercury switches from end-of-life vehicles and by creating a collection and recovery program for mercury switches removed from end-of-life vehicles in the State of Arkansas.

Acts 2005, No. 649, § 1.
Ark. Code Ann. § 8-9-708 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-708
[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. § 8-8-205 — AR Code / Title 8 / Chapter 8 / Subchapter 2 / Section 8-8-205
Cooperation with commission
Status: in_force

The departments, agencies, and officers of the state and its subdivisions may cooperate with the Central Interstate Low-Level Radioactive Waste Compact Commission in the furtherance of any of its activities pursuant to the Central Interstate Low-Level Radioactive Waste Compact. Acts 1983, No. 9, § 4; A.S.A. 1947, § 82-4404.

The departments, agencies, and officers of the state and its subdivisions may cooperate with the Central Interstate Low-Level Radioactive Waste Compact Commission in the furtherance of any of its activities pursuant to the Central Interstate Low-Level Radioactive Waste Compact.

Acts 1983, No. 9, § 4; A.S.A. 1947, § 82-4404.
Ark. Code Ann. § 8-6-406 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-406
Littering and commercial littering
Status: in_force

(a) It is unlawful to drop, deposit, discard, or otherwise dispose of litter upon any public or private property in this state or upon or into any river, lake, pond, or other stream or body of water within this state, unless: (1) The property has been designated by the Division of Environmental Quality as a permitted disposal site; (2) The litter is placed into a receptacle intended by the owner or tenant in lawful possession of that property for the deposit of litter, if it is deposited in such a manner as to prevent the litter from being carried away or deposited by the elements upon any part of the private or public property or waters; or (3) (A) The person is the owner or tenant in lawful possession of the property and the litter remains upon the property and the act does not create a public health or safety hazard, a public nuisance, or a fire hazard. (B) However, a property owner shall not be held responsible for the actions of his or her tenant. (b) (1) (A) A person who violates this section upon conviction is guilty of a violation and shall be fined an amount not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and is subject to community service under subdivision (b)(2)(A) of this section. (B) A person who violates this section for a second or subsequent offense within three (3) years of a prior offense upon conviction is guilty of a violation and shall be fined an amount not less than two hundred dollars ($200) and not more than two thousand dollars ($2,000) and is subject to community service under subdivision (b)(2)(A) of this section. (2) (A) In addition to any sentence provided for under this subsection, the court upon conviction shall impose the following penalty of community service: (i) For a first offense, not more than eight (8) hours; or (ii) For a second or subsequent offense, not more than twenty-four (24) hours. (B) A person may also be required by the court as a part of his or her sentence to remove litter from alongside highways and at other appropriate locations for any prescribed period. (3) A person convicted of a violation of this section who fails to pay any fines assessed in accordance with the findings and orders of the court shall have his or her driver's license suspended for six (6) months by the Department of Finance and Administration upon receipt by the department of an order of denial of driving privileges from the court under this section. (c) (1) A person who violates this section and who is found to have committed the violation in furtherance of or as a part of a commercial enterprise, whether or not that commercial enterprise is the disposal of wastes, upon conviction is guilty of commercial littering and is guilty of a Class A misdemeanor. (2) A person convicted of commercial littering may be required to remove litter disposed of in violation of this subchapter. (d) All or any portion of the fines, community service, and imprisonment penalties provided by this section may be suspended by the court if the violator agrees to remove litter from alongside highways and at other appropriate locations for a prescribed period. Amended by Act 2019, No. 910,§ 2618, eff. 7/1/2019. Amended by Act 2015, No. 1264,§ 4, eff. 7/22/2015. Acts 1977, No. 883, § 4; A.S.A. 1947, § 82-3904; Acts 1999, No. 1164, § 65.

(a) It is unlawful to drop, deposit, discard, or otherwise dispose of litter upon any public or private property in this state or upon or into any river, lake, pond, or other stream or body of water within this state, unless: (1) The property has been designated by the Division of Environmental Quality as a permitted disposal site; (2) The litter is placed into a receptacle intended by the owner or tenant in lawful possession of that property for the deposit of litter, if it is deposited in such a manner as to prevent the litter from being carried away or deposited by the elements upon any part of the private or public property or waters; or (3) (A) The person is the owner or tenant in lawful possession of the property and the litter remains upon the property and the act does not create a public health or safety hazard, a public nuisance, or a fire hazard. (B) However, a property owner shall not be held responsible for the actions of his or her tenant.

(1) The property has been designated by the Division of Environmental Quality as a permitted disposal site;

(2) The litter is placed into a receptacle intended by the owner or tenant in lawful possession of that property for the deposit of litter, if it is deposited in such a manner as to prevent the litter from being carried away or deposited by the elements upon any part of the private or public property or waters; or

(3) (A) The person is the owner or tenant in lawful possession of the property and the litter remains upon the property and the act does not create a public health or safety hazard, a public nuisance, or a fire hazard. (B) However, a property owner shall not be held responsible for the actions of his or her tenant.

(A) The person is the owner or tenant in lawful possession of the property and the litter remains upon the property and the act does not create a public health or safety hazard, a public nuisance, or a fire hazard.

(B) However, a property owner shall not be held responsible for the actions of his or her tenant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Amended by Act 2019, No. 910,§ 2618, eff. 7/1/2019.

Amended by Act 2015, No. 1264,§ 4, eff. 7/22/2015.

Acts 1977, No. 883, § 4; A.S.A. 1947, § 82-3904; Acts 1999, No. 1164, § 65.
Ark. Code Ann. § 8-7-302 — AR Code / Title 8 / Chapter 7 / Subchapter 3 / Section 8-7-302
Legislative findings
Status: in_force

The General Assembly finds and it is declared that: (1) The disposal of hazardous waste, although currently necessary for certain forms of hazardous waste, represents an inefficient use of natural resources and may present long-term threats to the environment and to the public health and safety; (2) Technically and economically feasible treatment methods are becoming increasingly available and offer the advantages of complete destruction of hazardous waste or the recovery and reclamation of some, if not all, constituents of hazardous waste; (3) In addition to the recovery or reclamation of natural resources, treatment of hazardous waste reduces the volume of hazardous waste which must be disposed of and thereby reduces the associated threats to the environment and to the public health and safety; (4) Interstate cooperation is necessary to assure that the volume of hazardous waste which must be disposed of within the state is reduced through a comprehensive program which encourages and, when appropriate, requires the treatment of hazardous waste; and (5) The Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., authorizes the Division of Environmental Quality to encourage the development of interstate agreements for the management of hazardous waste and to enter into such interstate agreements, with the concurrence of the Governor. Amended by Act 2019, No. 910,§ 2744, eff. 7/1/2019. Acts 1979, No. 1098, § 2; A.S.A. 1947, § 82-4218.

The General Assembly finds and it is declared that:

(1) The disposal of hazardous waste, although currently necessary for certain forms of hazardous waste, represents an inefficient use of natural resources and may present long-term threats to the environment and to the public health and safety;

(2) Technically and economically feasible treatment methods are becoming increasingly available and offer the advantages of complete destruction of hazardous waste or the recovery and reclamation of some, if not all, constituents of hazardous waste;

(3) In addition to the recovery or reclamation of natural resources, treatment of hazardous waste reduces the volume of hazardous waste which must be disposed of and thereby reduces the associated threats to the environment and to the public health and safety;

(4) Interstate cooperation is necessary to assure that the volume of hazardous waste which must be disposed of within the state is reduced through a comprehensive program which encourages and, when appropriate, requires the treatment of hazardous waste; and

(5) The Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., authorizes the Division of Environmental Quality to encourage the development of interstate agreements for the management of hazardous waste and to enter into such interstate agreements, with the concurrence of the Governor.

Amended by Act 2019, No. 910,§ 2744, eff. 7/1/2019.

Acts 1979, No. 1098, § 2; A.S.A. 1947, § 82-4218.
Ark. Code Ann. § 8-9-204 — AR Code / Title 8 / Chapter 9 / Subchapter 2 / Section 8-9-204
Purchasing of recyclables by governmental entities
Status: in_force

State agencies, cities, counties, and other governmental entities are encouraged to provide for preferential purchasing of products made from recycled materials or products that may be recycled or reused. Acts 1991, No. 749, § 1.

State agencies, cities, counties, and other governmental entities are encouraged to provide for preferential purchasing of products made from recycled materials or products that may be recycled or reused.

Acts 1991, No. 749, § 1.
Ark. Code Ann. § 8-7-817 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-817
Operator training
Status: in_force

(a) All operators of underground storage tank systems shall complete training in the operation and maintenance of underground storage tank systems in accordance with rules promulgated under this section. (b) For purposes of compliance with this section, the following persons shall be considered "operators" required to receive operator training: (1) Persons having primary responsibility for on-site operation and maintenance of underground storage tank systems; (2) Persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems; and (3) Daily on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system. Amended by Act 2019, No. 315,§ 665, eff. 7/24/2019. Acts 2007, No. 264, § 5.

(a) All operators of underground storage tank systems shall complete training in the operation and maintenance of underground storage tank systems in accordance with rules promulgated under this section.

(b) For purposes of compliance with this section, the following persons shall be considered "operators" required to receive operator training: (1) Persons having primary responsibility for on-site operation and maintenance of underground storage tank systems; (2) Persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems; and (3) Daily on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.

(1) Persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;

(2) Persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems; and

(3) Daily on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.

Amended by Act 2019, No. 315,§ 665, eff. 7/24/2019.

Acts 2007, No. 264, § 5.
Ark. Code Ann. § 8-6-207 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-207
Powers and duties of the division and commission generally
Status: in_force

(a) The Division of Environmental Quality or its successor shall have the following powers and duties: (1) To administer and enforce all laws and rules relating to solid waste disposal; (2) To advise, consult, and cooperate with appropriate federal, state, interstate, and local units of government and with affected groups and industries in the formation of plans and the implementation of a solid waste management program pursuant to this subchapter; (3) To accept and administer loans and grants from the United States Government and from such other sources as may be available to the Arkansas Pollution Control and Ecology Commission for the planning, construction, and operation of solid waste management systems and disposal facilities; (4) To develop a statewide solid waste management plan in cooperation with municipal and county governments and solid waste boards which gives emphasis to regional planning, where feasible; (5) To require to be submitted and to approve plans and specifications for the construction and operation of solid waste disposal facilities and sites and to inspect the construction and operation thereof; (6) To issue, continue in effect, revoke, modify, or deny, under such conditions as the division may prescribe, permits for the establishment, construction, operation, or maintenance of solid waste management systems, disposal sites, and facilities; (7) To make investigations, inspections, and to hold such hearings, after notice, as the division may deem necessary or advisable for the discharge of duties under this subchapter and to ensure compliance with this subchapter and any orders and rules issued pursuant thereto; (8) To make, issue, modify, revoke, and enforce orders, after notice and opportunity for adjudicatory review by the commission, prohibiting violation of any of the provisions of this subchapter or of any rules issued pursuant to this subchapter, and to require the taking of such remedial measures for solid waste disposal as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter; (9) To institute proceedings in the name of the division in any court of competent jurisdiction to compel compliance with and to restrain violation of the provisions of this subchapter or any rules and orders issued pursuant thereto and to require the taking of such remedial measures for solid waste disposal as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter; (10) To initiate, conduct, and support research, demonstration projects, and investigations and to coordinate with all state agency research programs pertaining to solid waste disposal and management systems; (11) To make periodic inspections of all solid waste facilities or locations permitted under this subchapter or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq., to ensure compliance with all requirements of this subchapter and the rules promulgated under this subchapter and to make a final inspection of closed or abandoned solid waste disposal sites to determine compliance with rules for proper closure and proper filling and drainage of the site; (12) To issue, continue in effect, revoke, modify, or deny, under such conditions as the division may prescribe, permits for the establishment, construction, operation, or maintenance of transfer stations; (13) To regulate and license persons engaged in the business of transporting used and waste tires; (14) To establish minimum standards for the operation of a solid waste collection system; and (15) Upon the petition of a solid waste board or upon the division's own initiative, to revoke, modify, or deny a permit for a solid waste disposal facility or a permit for any other element of a solid waste management system based upon noncompliance with an approved regional solid waste management plan of a solid waste board. (b) The commission shall have the following powers and duties: (1) (A) Promulgation of rules implementing the substantive statutes charged to the division for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (C) The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(1)(B) of this section. (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period. (E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule; (2) Promulgation of rules and procedures not otherwise governed by applicable law which the commission deems necessary to secure public participation in environmental decision-making processes; (3) Promulgation of rules governing administrative procedures for challenging or contesting division actions; (4) In the case of permitting or grants decisions, providing the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (5) In the case of an administrative enforcement or emergency action, providing the right to contest any such action initiated by the director; (6) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state; (7) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor and the Secretary of the Department of Energy and Environment; (8) Upon a majority vote, initiate review of any director's decision; (9) To establish policies and standards for effective solid waste disposal and management systems; and (10) To adopt, after notice and public hearing, and to promulgate, modify, repeal, and enforce rules for the source reduction, minimization, recycling, collection, transportation, processing, storage, and disposal of solid wastes, including, but not limited to, the disposal site location and the construction, operation, and maintenance of the disposal site or disposal process as necessary or appropriate to implement or effectuate the purposes and intent of this subchapter and the powers and duties of the commission under this subchapter. Amended by Act 2019, No. 315,§ 537, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 536, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 535, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 534, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 533, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 532, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 531, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2607, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2606, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2605, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2604, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2603, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2602, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2601, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2600, eff. 7/1/2019. Acts 1971, No. 237, § 7; 1983, No. 667, § 1; A.S.A. 1947, § 82-2707; Acts 1991, No. 751, § 3; 1997, No. 1219, § 8; 1999, No. 1164, § 62.

(a) The Division of Environmental Quality or its successor shall have the following powers and duties: (1) To administer and enforce all laws and rules relating to solid waste disposal; (2) To advise, consult, and cooperate with appropriate federal, state, interstate, and local units of government and with affected groups and industries in the formation of plans and the implementation of a solid waste management program pursuant to this subchapter; (3) To accept and administer loans and grants from the United States Government and from such other sources as may be available to the Arkansas Pollution Control and Ecology Commission for the planning, construction, and operation of solid waste management systems and disposal facilities; (4) To develop a statewide solid waste management plan in cooperation with municipal and county governments and solid waste boards which gives emphasis to regional planning, where feasible; (5) To require to be submitted and to approve plans and specifications for the construction and operation of solid waste disposal facilities and sites and to inspect the construction and operation thereof; (6) To issue, continue in effect, revoke, modify, or deny, under such conditions as the division may prescribe, permits for the establishment, construction, operation, or maintenance of solid waste management systems, disposal sites, and facilities; (7) To make investigations, inspections, and to hold such hearings, after notice, as the division may deem necessary or advisable for the discharge of duties under this subchapter and to ensure compliance with this subchapter and any orders and rules issued pursuant thereto; (8) To make, issue, modify, revoke, and enforce orders, after notice and opportunity for adjudicatory review by the commission, prohibiting violation of any of the provisions of this subchapter or of any rules issued pursuant to this subchapter, and to require the taking of such remedial measures for solid waste disposal as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter; (9) To institute proceedings in the name of the division in any court of competent jurisdiction to compel compliance with and to restrain violation of the provisions of this subchapter or any rules and orders issued pursuant thereto and to require the taking of such remedial measures for solid waste disposal as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter; (10) To initiate, conduct, and support research, demonstration projects, and investigations and to coordinate with all state agency research programs pertaining to solid waste disposal and management systems; (11) To make periodic inspections of all solid waste facilities or locations permitted under this subchapter or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq., to ensure compliance with all requirements of this subchapter and the rules promulgated under this subchapter and to make a final inspection of closed or abandoned solid waste disposal sites to determine compliance with rules for proper closure and proper filling and drainage of the site; (12) To issue, continue in effect, revoke, modify, or deny, under such conditions as the division may prescribe, permits for the establishment, construction, operation, or maintenance of transfer stations; (13) To regulate and license persons engaged in the business of transporting used and waste tires; (14) To establish minimum standards for the operation of a solid waste collection system; and (15) Upon the petition of a solid waste board or upon the division's own initiative, to revoke, modify, or deny a permit for a solid waste disposal facility or a permit for any other element of a solid waste management system based upon noncompliance with an approved regional solid waste management plan of a solid waste board.

(1) To administer and enforce all laws and rules relating to solid waste disposal;

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

(3) To accept and administer loans and grants from the United States Government and from such other sources as may be available to the Arkansas Pollution Control and Ecology Commission for the planning, construction, and operation of solid waste management systems and disposal facilities;

(4) To develop a statewide solid waste management plan in cooperation with municipal and county governments and solid waste boards which gives emphasis to regional planning, where feasible;

(5) To require to be submitted and to approve plans and specifications for the construction and operation of solid waste disposal facilities and sites and to inspect the construction and operation thereof;

(6) To issue, continue in effect, revoke, modify, or deny, under such conditions as the division may prescribe, permits for the establishment, construction, operation, or maintenance of solid waste management systems, disposal sites, and facilities;

(7) To make investigations, inspections, and to hold such hearings, after notice, as the division may deem necessary or advisable for the discharge of duties under this subchapter and to ensure compliance with this subchapter and any orders and rules issued pursuant thereto;

(8) To make, issue, modify, revoke, and enforce orders, after notice and opportunity for adjudicatory review by the commission, prohibiting violation of any of the provisions of this subchapter or of any rules issued pursuant to this subchapter, and to require the taking of such remedial measures for solid waste disposal as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter;

(9) To institute proceedings in the name of the division in any court of competent jurisdiction to compel compliance with and to restrain violation of the provisions of this subchapter or any rules and orders issued pursuant thereto and to require the taking of such remedial measures for solid waste disposal as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter;

(10) To initiate, conduct, and support research, demonstration projects, and investigations and to coordinate with all state agency research programs pertaining to solid waste disposal and management systems;

(11) To make periodic inspections of all solid waste facilities or locations permitted under this subchapter or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq., to ensure compliance with all requirements of this subchapter and the rules promulgated under this subchapter and to make a final inspection of closed or abandoned solid waste disposal sites to determine compliance with rules for proper closure and proper filling and drainage of the site;

(12) To issue, continue in effect, revoke, modify, or deny, under such conditions as the division may prescribe, permits for the establishment, construction, operation, or maintenance of transfer stations;

(13) To regulate and license persons engaged in the business of transporting used and waste tires;

(14) To establish minimum standards for the operation of a solid waste collection system; and

(15) Upon the petition of a solid waste board or upon the division's own initiative, to revoke, modify, or deny a permit for a solid waste disposal facility or a permit for any other element of a solid waste management system based upon noncompliance with an approved regional solid waste management plan of a solid waste board.

(b) The commission shall have the following powers and duties: (1) (A) Promulgation of rules implementing the substantive statutes charged to the division for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (C) The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(1)(B) of this section. (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period. (E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule; (2) Promulgation of rules and procedures not otherwise governed by applicable law which the commission deems necessary to secure public participation in environmental decision-making processes; (3) Promulgation of rules governing administrative procedures for challenging or contesting division actions; (4) In the case of permitting or grants decisions, providing the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (5) In the case of an administrative enforcement or emergency action, providing the right to contest any such action initiated by the director; (6) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state; (7) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor and the Secretary of the Department of Energy and Environment; (8) Upon a majority vote, initiate review of any director's decision; (9) To establish policies and standards for effective solid waste disposal and management systems; and (10) To adopt, after notice and public hearing, and to promulgate, modify, repeal, and enforce rules for the source reduction, minimization, recycling, collection, transportation, processing, storage, and disposal of solid wastes, including, but not limited to, the disposal site location and the construction, operation, and maintenance of the disposal site or disposal process as necessary or appropriate to implement or effectuate the purposes and intent of this subchapter and the powers and duties of the commission under this subchapter.

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

(A) Promulgation of rules implementing the substantive statutes charged to the division for administration.

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

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

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

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

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

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

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

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

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

(7) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor and the Secretary of the Department of Energy and Environment;

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

(9) To establish policies and standards for effective solid waste disposal and management systems; and

(10) To adopt, after notice and public hearing, and to promulgate, modify, repeal, and enforce rules for the source reduction, minimization, recycling, collection, transportation, processing, storage, and disposal of solid wastes, including, but not limited to, the disposal site location and the construction, operation, and maintenance of the disposal site or disposal process as necessary or appropriate to implement or effectuate the purposes and intent of this subchapter and the powers and duties of the commission under this subchapter.

Amended by Act 2019, No. 315,§ 537, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 536, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 535, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 534, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 533, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 532, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 531, eff. 7/24/2019.

Amended by Act 2019, No. 980,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2607, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2606, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2605, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2604, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2603, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2602, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2601, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2600, eff. 7/1/2019.

Acts 1971, No. 237, § 7; 1983, No. 667, § 1; A.S.A. 1947, § 82-2707; Acts 1991, No. 751, § 3; 1997, No. 1219, § 8; 1999, No. 1164, § 62.
Ark. Code Ann. § 8-6-306 — AR Code / Title 8 / Chapter 6 / Subchapter 3 / Section 8-6-306
Reapportionment of funds
Status: in_force

If any county fails to qualify for its proportionate share of the moneys in the County Solid Waste Management System Aid Fund during any fiscal year, then the moneys shall be reapportioned among the various counties which qualify to receive their proportionate share of the fund moneys during the fiscal year, in accordance with the distribution formula set forth in § 8-6-303 . The Treasurer of State shall monthly distribute moneys to the eligible counties as authorized in this subchapter in the same manner as other county aid funds are distributed. The moneys shall be credited and used solely for the support and operation of the county solid waste management system. Acts 1985, No. 986, § 4; 1985, (1st Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 13-567.

If any county fails to qualify for its proportionate share of the moneys in the County Solid Waste Management System Aid Fund during any fiscal year, then the moneys shall be reapportioned among the various counties which qualify to receive their proportionate share of the fund moneys during the fiscal year, in accordance with the distribution formula set forth in § 8-6-303 . The Treasurer of State shall monthly distribute moneys to the eligible counties as authorized in this subchapter in the same manner as other county aid funds are distributed. The moneys shall be credited and used solely for the support and operation of the county solid waste management system.

Acts 1985, No. 986, § 4; 1985, (1st Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 13-567.
Ark. Code Ann. § 8-1-105 — AR Code / Title 8 / Chapter 1 / Subchapter 1 / Section 8-1-105
Division of Environmental Quality Fee Trust Fund
Status: in_force

(a) A Division of Environmental Quality Fee Trust Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. (b) All interest earnings and fees collected under the provisions of all laws administered by the Division of Environmental Quality shall be deposited into this fund unless otherwise provided by law. The division shall use these funds to defray the costs of operating the division. (c) The division is hereby authorized to promulgate such rules as are necessary to administer the fees, rates, tolls, or charges for services established by this section and is directed to prescribe and collect such fees, rates, tolls, or charges for the services delivered by the division in such manner as may be necessary to support the programs of the division as directed by the Governor and the General Assembly. (d) (1) Expenditures from the fund for the cleanup of a nonhazardous site that poses a threat to the environment, as appropriated for that purpose, shall be funded only through interest earnings from the fund. (2) The division shall seek cost recovery from the party responsible for damages to the environment requiring the use of appropriated funds and other funds spent by a governmental entity for nonhazardous site cleanup and remediation. Amended by Act 2023, No. 570,§ 47, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 428, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2424, eff. 7/1/2019. Acts 1983, No. 817, § 5; A.S.A. 1947, § 82-1920; Acts 1993, No. 1254, §§ 2, 5; 1999, No. 1164, § 6; 2007, No. 1281, § 36.

(a) A Division of Environmental Quality Fee Trust Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.

(b) All interest earnings and fees collected under the provisions of all laws administered by the Division of Environmental Quality shall be deposited into this fund unless otherwise provided by law. The division shall use these funds to defray the costs of operating the division.

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

(d) (1) Expenditures from the fund for the cleanup of a nonhazardous site that poses a threat to the environment, as appropriated for that purpose, shall be funded only through interest earnings from the fund. (2) The division shall seek cost recovery from the party responsible for damages to the environment requiring the use of appropriated funds and other funds spent by a governmental entity for nonhazardous site cleanup and remediation.

(1) Expenditures from the fund for the cleanup of a nonhazardous site that poses a threat to the environment, as appropriated for that purpose, shall be funded only through interest earnings from the fund.

(2) The division shall seek cost recovery from the party responsible for damages to the environment requiring the use of appropriated funds and other funds spent by a governmental entity for nonhazardous site cleanup and remediation.

Amended by Act 2023, No. 570,§ 47, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 428, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2424, eff. 7/1/2019.

Acts 1983, No. 817, § 5; A.S.A. 1947, § 82-1920; Acts 1993, No. 1254, §§ 2, 5; 1999, No. 1164, § 6; 2007, No. 1281, § 36.
Ark. Code Ann. § 8-7-906 — AR Code / Title 8 / Chapter 7 / Subchapter 9 / Section 8-7-906
Petroleum environmental assurance fee
Status: in_force

(a) There is established a petroleum environmental assurance fee to be paid, except as provided in subsection (c) of this section, on each gallon of motor fuel or distillate special fuel purchased in or imported into this state. (b) The fee shall be paid by the first distributor or supplier receiving fuel from a terminal in this state, or, if the fuel will never be stored in a terminal in this state, then by the distributor or supplier who first imports fuel into this state by tank truck. (c) Exchanges of fuels on a gallon-for-gallon basis within a terminal or fuels exported from this state are exempt from the fee. (d) Proof of payment shall be provided to the owner or operator. (e) The fee shall be remitted to the Secretary of the Department of Finance and Administration at the time, in the manner, and on forms prescribed by the secretary and may be collected and remitted at the same time and in the same manner as the motor fuels tax and special motor fuels tax under § 26-55-101 et seq. and the Special Motor Fuels Tax Law, § 26-56-101 et seq. (f) (1) For so long as no bonds for the benefit of the Petroleum Storage Tank Trust Fund are issued and outstanding, the fees collected under this subchapter shall be deposited into the Petroleum Storage Tank Trust Fund. (2) The applicable fund balances shall be required to be maintained in perpetuity. (g) (1) The maximum rate for the fee shall be at a rate of three-tenths of one cent (0.3¢) for each gallon of fuel. (2) (A) For so long as no bonds for the benefit of the Petroleum Storage Tank Trust Fund are outstanding, the fee shall be collected at the maximum rate. However, when the balance of the Petroleum Storage Tank Trust Fund, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, reaches thirty million dollars ($30,000,000), the rate shall drop at the beginning of the next calendar quarter to such rate as the Arkansas Pollution Control and Ecology Commission determines is necessary to maintain an adjusted balance of thirty million dollars ($30,000,000). (B) The rate shall be increased at the beginning of the next calendar quarter when the fund balance, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, drops to twelve million dollars ($12,000,000) or less and remains at the higher amount, not to exceed three-tenths of one cent (0.3¢), until the adjusted fund balance reaches fifteen million dollars ($15,000,000). (3) The commission shall review the Petroleum Storage Tank Trust Fund balance, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, at least quarterly and report the rate of collection for the fee for the upcoming quarter to the secretary. (4) During any period when bonds for the benefit of the Petroleum Storage Tank Trust Fund are outstanding, the fee shall be collected at a rate of three-tenths of one cent (0.3¢) for each gallon irrespective of the balance of the Petroleum Storage Tank Trust Fund. (h) (1) During any period when bonds are outstanding for the benefit of the Petroleum Storage Tank Trust Fund, the fee shall be deposited into the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund as provided in the Petroleum Storage Tank Trust Fund Bond Financing Act, § 15-5-1201 et seq. (2) All other fees or moneys collected under this subchapter shall continue to be deposited into the Petroleum Storage Tank Trust Fund. (i) All fees shall be subject to collection and enforcement of collection under the Arkansas Tax Procedure Act, § 26-18-101 et seq. Amended by Act 2021, No. 509,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 3370, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3369, eff. 7/1/2019. Acts 1989, No. 173, § 4; 1989 (3rd Ex. Sess.), No. 65, §§ 5, 6; 1993, No. 951, § 5; 1995, No. 1054, § 3; 1997, No. 641, § 4; 2005, No. 670, § 1.

(a) There is established a petroleum environmental assurance fee to be paid, except as provided in subsection (c) of this section, on each gallon of motor fuel or distillate special fuel purchased in or imported into this state.

(b) The fee shall be paid by the first distributor or supplier receiving fuel from a terminal in this state, or, if the fuel will never be stored in a terminal in this state, then by the distributor or supplier who first imports fuel into this state by tank truck.

(c) Exchanges of fuels on a gallon-for-gallon basis within a terminal or fuels exported from this state are exempt from the fee.

(d) Proof of payment shall be provided to the owner or operator.

(e) The fee shall be remitted to the Secretary of the Department of Finance and Administration at the time, in the manner, and on forms prescribed by the secretary and may be collected and remitted at the same time and in the same manner as the motor fuels tax and special motor fuels tax under § 26-55-101 et seq. and the Special Motor Fuels Tax Law, § 26-56-101 et seq.

(f) (1) For so long as no bonds for the benefit of the Petroleum Storage Tank Trust Fund are issued and outstanding, the fees collected under this subchapter shall be deposited into the Petroleum Storage Tank Trust Fund. (2) The applicable fund balances shall be required to be maintained in perpetuity.

(1) For so long as no bonds for the benefit of the Petroleum Storage Tank Trust Fund are issued and outstanding, the fees collected under this subchapter shall be deposited into the Petroleum Storage Tank Trust Fund.

(2) The applicable fund balances shall be required to be maintained in perpetuity.

(g) (1) The maximum rate for the fee shall be at a rate of three-tenths of one cent (0.3¢) for each gallon of fuel. (2) (A) For so long as no bonds for the benefit of the Petroleum Storage Tank Trust Fund are outstanding, the fee shall be collected at the maximum rate. However, when the balance of the Petroleum Storage Tank Trust Fund, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, reaches thirty million dollars ($30,000,000), the rate shall drop at the beginning of the next calendar quarter to such rate as the Arkansas Pollution Control and Ecology Commission determines is necessary to maintain an adjusted balance of thirty million dollars ($30,000,000). (B) The rate shall be increased at the beginning of the next calendar quarter when the fund balance, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, drops to twelve million dollars ($12,000,000) or less and remains at the higher amount, not to exceed three-tenths of one cent (0.3¢), until the adjusted fund balance reaches fifteen million dollars ($15,000,000). (3) The commission shall review the Petroleum Storage Tank Trust Fund balance, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, at least quarterly and report the rate of collection for the fee for the upcoming quarter to the secretary. (4) During any period when bonds for the benefit of the Petroleum Storage Tank Trust Fund are outstanding, the fee shall be collected at a rate of three-tenths of one cent (0.3¢) for each gallon irrespective of the balance of the Petroleum Storage Tank Trust Fund.

(1) The maximum rate for the fee shall be at a rate of three-tenths of one cent (0.3¢) for each gallon of fuel.

(2) (A) For so long as no bonds for the benefit of the Petroleum Storage Tank Trust Fund are outstanding, the fee shall be collected at the maximum rate. However, when the balance of the Petroleum Storage Tank Trust Fund, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, reaches thirty million dollars ($30,000,000), the rate shall drop at the beginning of the next calendar quarter to such rate as the Arkansas Pollution Control and Ecology Commission determines is necessary to maintain an adjusted balance of thirty million dollars ($30,000,000). (B) The rate shall be increased at the beginning of the next calendar quarter when the fund balance, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, drops to twelve million dollars ($12,000,000) or less and remains at the higher amount, not to exceed three-tenths of one cent (0.3¢), until the adjusted fund balance reaches fifteen million dollars ($15,000,000).

(A) For so long as no bonds for the benefit of the Petroleum Storage Tank Trust Fund are outstanding, the fee shall be collected at the maximum rate. However, when the balance of the Petroleum Storage Tank Trust Fund, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, reaches thirty million dollars ($30,000,000), the rate shall drop at the beginning of the next calendar quarter to such rate as the Arkansas Pollution Control and Ecology Commission determines is necessary to maintain an adjusted balance of thirty million dollars ($30,000,000).

(B) The rate shall be increased at the beginning of the next calendar quarter when the fund balance, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, drops to twelve million dollars ($12,000,000) or less and remains at the higher amount, not to exceed three-tenths of one cent (0.3¢), until the adjusted fund balance reaches fifteen million dollars ($15,000,000).

(3) The commission shall review the Petroleum Storage Tank Trust Fund balance, as adjusted to reflect the obligations and liabilities of the Petroleum Storage Tank Trust Fund, at least quarterly and report the rate of collection for the fee for the upcoming quarter to the secretary.

(4) During any period when bonds for the benefit of the Petroleum Storage Tank Trust Fund are outstanding, the fee shall be collected at a rate of three-tenths of one cent (0.3¢) for each gallon irrespective of the balance of the Petroleum Storage Tank Trust Fund.

(h) (1) During any period when bonds are outstanding for the benefit of the Petroleum Storage Tank Trust Fund, the fee shall be deposited into the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund as provided in the Petroleum Storage Tank Trust Fund Bond Financing Act, § 15-5-1201 et seq. (2) All other fees or moneys collected under this subchapter shall continue to be deposited into the Petroleum Storage Tank Trust Fund.

(1) During any period when bonds are outstanding for the benefit of the Petroleum Storage Tank Trust Fund, the fee shall be deposited into the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund as provided in the Petroleum Storage Tank Trust Fund Bond Financing Act, § 15-5-1201 et seq.

(2) All other fees or moneys collected under this subchapter shall continue to be deposited into the Petroleum Storage Tank Trust Fund.

(i) All fees shall be subject to collection and enforcement of collection under the Arkansas Tax Procedure Act, § 26-18-101 et seq.

Amended by Act 2021, No. 509,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 3370, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3369, eff. 7/1/2019.

Acts 1989, No. 173, § 4; 1989 (3rd Ex. Sess.), No. 65, §§ 5, 6; 1993, No. 951, § 5; 1995, No. 1054, § 3; 1997, No. 641, § 4; 2005, No. 670, § 1.
Ark. Code Ann. § 8-14-104 — AR Code / Title 8 / Chapter 14 / Section 8-14-104
Shielding - Prohibitions - Exemptions
Status: in_force

(a) (1) (A) No public funds shall be used to install an outdoor lighting fixture unless it is shielded. (B) Subdivision (a)(1)(A) of this section does not apply to any municipality or county if the governing body of the municipality or county determines by ordinance or to a municipally owned utility if the municipal employee responsible for procurement determines that the cost of acquiring a shielded outdoor lighting fixture will be prohibitive after comparing: (i) The cost of the fixtures; and (ii) The projected energy cost of the operation of the fixtures. (2) The Division of Environmental Quality shall promulgate rules prohibiting any person or entity from knowingly placing or disposing of the bulb or tube portion of an electric lighting device containing hazardous levels of mercury in a landfill if: (A) The electric lighting device contains more than two-tenths milligram per liter (0.2 mg/l) of leachable mercury as measured by the Toxicity Characteristic Leaching Procedure as set out in United States Environmental Protection Agency Test Method 1311; and (B) Adequate facilities exist for the public to properly dispose of the electric lighting device described in subdivision (a)(2)(A) of this section. (3) (A) Each electric public utility shall offer a shielded lighting service option. (B) Each electric public utility shall file an application with the Arkansas Public Service Commission to establish a schedule of rates and charges for the provision of a shielded lighting service option to the utility's customers. (C) The commission shall require each electric public utility to inform its customers of the availability of the shielded lighting service. (b) This chapter does not apply to acquisitions of: (1) Incandescent outdoor lighting fixtures of one hundred fifty watts (150 W) or less or other light sources of seventy watts (70 W) or less; (2) Outdoor lighting fixtures on advertisement signs on interstate or federal primary highways; (3) (A) Outdoor lighting fixtures existing and legally installed before August 12, 2005. (B) However, if an existing outdoor lighting fixture exempted from this chapter under subdivision (b)(3)(A) of this section needs to be replaced, the acquisition of the replacement outdoor lighting fixture shall be subject to the provisions of this chapter; (4) Navigational lighting systems at airports or other lighting necessary for aircraft safety; and (5) Outdoor lighting fixtures that are necessary for worker safety at farms, ranches, dairies, or feedlots or industrial, mining, or oil and gas facilities. (c) This chapter does not apply to outdoor lighting fixtures maintained or installed by: (1) A public school district; (2) A correctional facility; (3) A juvenile detention facility; (4) An adult detention facility; (5) A mental health facility; or (6) A state-supported institution of higher education. Amended by Act 2019, No. 315,§ 700, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 699, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 46, eff. 7/24/2019. Acts 2005, No. 1963, § 1; 2006 (1st Ex. Sess.), No. 11, § 1; 2007, No. 124, § 1; 2007, No. 452, § 1; 2007, No. 470, § 1.

(a) (1) (A) No public funds shall be used to install an outdoor lighting fixture unless it is shielded. (B) Subdivision (a)(1)(A) of this section does not apply to any municipality or county if the governing body of the municipality or county determines by ordinance or to a municipally owned utility if the municipal employee responsible for procurement determines that the cost of acquiring a shielded outdoor lighting fixture will be prohibitive after comparing: (i) The cost of the fixtures; and (ii) The projected energy cost of the operation of the fixtures. (2) The Division of Environmental Quality shall promulgate rules prohibiting any person or entity from knowingly placing or disposing of the bulb or tube portion of an electric lighting device containing hazardous levels of mercury in a landfill if: (A) The electric lighting device contains more than two-tenths milligram per liter (0.2 mg/l) of leachable mercury as measured by the Toxicity Characteristic Leaching Procedure as set out in United States Environmental Protection Agency Test Method 1311; and (B) Adequate facilities exist for the public to properly dispose of the electric lighting device described in subdivision (a)(2)(A) of this section. (3) (A) Each electric public utility shall offer a shielded lighting service option. (B) Each electric public utility shall file an application with the Arkansas Public Service Commission to establish a schedule of rates and charges for the provision of a shielded lighting service option to the utility's customers. (C) The commission shall require each electric public utility to inform its customers of the availability of the shielded lighting service.

(1) (A) No public funds shall be used to install an outdoor lighting fixture unless it is shielded. (B) Subdivision (a)(1)(A) of this section does not apply to any municipality or county if the governing body of the municipality or county determines by ordinance or to a municipally owned utility if the municipal employee responsible for procurement determines that the cost of acquiring a shielded outdoor lighting fixture will be prohibitive after comparing: (i) The cost of the fixtures; and (ii) The projected energy cost of the operation of the fixtures.

(A) No public funds shall be used to install an outdoor lighting fixture unless it is shielded.

(B) Subdivision (a)(1)(A) of this section does not apply to any municipality or county if the governing body of the municipality or county determines by ordinance or to a municipally owned utility if the municipal employee responsible for procurement determines that the cost of acquiring a shielded outdoor lighting fixture will be prohibitive after comparing: (i) The cost of the fixtures; and (ii) The projected energy cost of the operation of the fixtures.

(i) The cost of the fixtures; and

(ii) The projected energy cost of the operation of the fixtures.

(2) The Division of Environmental Quality shall promulgate rules prohibiting any person or entity from knowingly placing or disposing of the bulb or tube portion of an electric lighting device containing hazardous levels of mercury in a landfill if: (A) The electric lighting device contains more than two-tenths milligram per liter (0.2 mg/l) of leachable mercury as measured by the Toxicity Characteristic Leaching Procedure as set out in United States Environmental Protection Agency Test Method 1311; and (B) Adequate facilities exist for the public to properly dispose of the electric lighting device described in subdivision (a)(2)(A) of this section.

(A) The electric lighting device contains more than two-tenths milligram per liter (0.2 mg/l) of leachable mercury as measured by the Toxicity Characteristic Leaching Procedure as set out in United States Environmental Protection Agency Test Method 1311; and

(B) Adequate facilities exist for the public to properly dispose of the electric lighting device described in subdivision (a)(2)(A) of this section.

(3) (A) Each electric public utility shall offer a shielded lighting service option. (B) Each electric public utility shall file an application with the Arkansas Public Service Commission to establish a schedule of rates and charges for the provision of a shielded lighting service option to the utility's customers. (C) The commission shall require each electric public utility to inform its customers of the availability of the shielded lighting service.

(A) Each electric public utility shall offer a shielded lighting service option.

(B) Each electric public utility shall file an application with the Arkansas Public Service Commission to establish a schedule of rates and charges for the provision of a shielded lighting service option to the utility's customers.

(C) The commission shall require each electric public utility to inform its customers of the availability of the shielded lighting service.

(b) This chapter does not apply to acquisitions of: (1) Incandescent outdoor lighting fixtures of one hundred fifty watts (150 W) or less or other light sources of seventy watts (70 W) or less; (2) Outdoor lighting fixtures on advertisement signs on interstate or federal primary highways; (3) (A) Outdoor lighting fixtures existing and legally installed before August 12, 2005. (B) However, if an existing outdoor lighting fixture exempted from this chapter under subdivision (b)(3)(A) of this section needs to be replaced, the acquisition of the replacement outdoor lighting fixture shall be subject to the provisions of this chapter; (4) Navigational lighting systems at airports or other lighting necessary for aircraft safety; and (5) Outdoor lighting fixtures that are necessary for worker safety at farms, ranches, dairies, or feedlots or industrial, mining, or oil and gas facilities.

(1) Incandescent outdoor lighting fixtures of one hundred fifty watts (150 W) or less or other light sources of seventy watts (70 W) or less;

(2) Outdoor lighting fixtures on advertisement signs on interstate or federal primary highways;

(3) (A) Outdoor lighting fixtures existing and legally installed before August 12, 2005. (B) However, if an existing outdoor lighting fixture exempted from this chapter under subdivision (b)(3)(A) of this section needs to be replaced, the acquisition of the replacement outdoor lighting fixture shall be subject to the provisions of this chapter;

(A) Outdoor lighting fixtures existing and legally installed before August 12, 2005.

(B) However, if an existing outdoor lighting fixture exempted from this chapter under subdivision (b)(3)(A) of this section needs to be replaced, the acquisition of the replacement outdoor lighting fixture shall be subject to the provisions of this chapter;

(4) Navigational lighting systems at airports or other lighting necessary for aircraft safety; and

(5) Outdoor lighting fixtures that are necessary for worker safety at farms, ranches, dairies, or feedlots or industrial, mining, or oil and gas facilities.

(c) This chapter does not apply to outdoor lighting fixtures maintained or installed by: (1) A public school district; (2) A correctional facility; (3) A juvenile detention facility; (4) An adult detention facility; (5) A mental health facility; or (6) A state-supported institution of higher education.

(1) A public school district;

(2) A correctional facility;

(3) A juvenile detention facility;

(4) An adult detention facility;

(5) A mental health facility; or

(6) A state-supported institution of higher education.

Amended by Act 2019, No. 315,§ 700, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 699, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 46, eff. 7/24/2019.

Acts 2005, No. 1963, § 1; 2006 (1st Ex. Sess.), No. 11, § 1; 2007, No. 124, § 1; 2007, No. 452, § 1; 2007, No. 470, § 1.
Ark. Code Ann. § 8-9-711 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-711
[Repealed]
Status: repealed

Repealed by Act 2023, No. 676,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 110,§ 3, eff. 8/1/2023. Superseded by Act 2023, No. 676. Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.

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

Amended by Act 2023, No. 110,§ 3, eff. 8/1/2023. Superseded by Act 2023, No. 676.

Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 8-1-301 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-301
Purpose
Status: in_force

The General Assembly hereby finds and declares that protection of the environment is enhanced by the public's voluntary compliance with environmental laws and that the public will benefit from incentives to identify and remedy environmental compliance issues. It is further declared that limited expansion of the protection against disclosure will encourage such voluntary compliance and improve environmental quality and that the voluntary provisions of this subchapter will not inhibit the exercise of the regulatory authority by those entrusted with protecting our environment. Acts 1995, No. 350, § 1.

The General Assembly hereby finds and declares that protection of the environment is enhanced by the public's voluntary compliance with environmental laws and that the public will benefit from incentives to identify and remedy environmental compliance issues. It is further declared that limited expansion of the protection against disclosure will encourage such voluntary compliance and improve environmental quality and that the voluntary provisions of this subchapter will not inhibit the exercise of the regulatory authority by those entrusted with protecting our environment.

Acts 1995, No. 350, § 1.
Ark. Code Ann. § 8-13-103 — AR Code / Title 8 / Chapter 13 / Section 8-13-103
Requirements for comprehensive analysis and strategic planning
Status: in_force

(a) Any reorganization of the functions and duties for the conduct of environmental affairs through the provisions of this chapter shall be based on a comprehensive analysis of the existing operations of the Division of Environmental Quality and the development of a ten-year strategic plan for Division of Environmental Quality operations. Such strategic plan shall be reviewed and updated on an annual basis and shall be made available for public review through formal notice. (b) The comprehensive analysis of each division, function, and duty shall consist of the following requirements: (1) A comprehensive analysis of each existing division, function, and duty performed by the Division of Environmental Quality in providing environmental services; and (2) A comprehensive comparative analysis of the functions and duties to be performed through the proposed alternative organization with regard to improved efficiency, effectiveness, responsiveness, and accountability to the people. (c) (1) The strategic plan shall outline a management organization for the Division of Environmental Quality that promotes environmental protection and enhancement. (2) Such management organization shall consist of the following requirements: (A) To establish an integrated agency information system that: (i) Ensures compatibility between state standards and facility identification and location data standards established by the United States Environmental Protection Agency; (ii) Reduces reporting and record-keeping burdens on industry; (iii) Establishes a public participation process to define and adopt reporting and data management reforms; (iv) Measures improvements in waste reduction recycling of waste materials, conservation and reuse of resources, and pollution prevention; and (v) Expands public access to environmental performance information; (B) (i) To institute environmental performance indicators to measure progress in protecting and enhancing the environment. (ii) Such indicators shall emphasize waste reduction, recycling of waste materials, conservation and reuse of materials, and pollution prevention, and shall be formulated using numeric goals and expressed in plain language terms. (iii) Such indicators shall be developed by a work group appointed by the Director of the Division of Environmental Quality consisting of representatives of the Division of Environmental Quality working in collaboration with representatives from state and federal agencies, city and county officials, nonprofit organizations, minority groups, industry, colleges and universities, civic groups, and other stakeholders in environmental affairs; (C) To organize the Division of Environmental Quality according to business functions and duties; (D) To establish a performance-based financial management system that links expenditures within divisions, functions, and duties to environmental protection and enhancement; and (E) To embody the above elements into a reorganization plan which provides for the scheduling of any transfer of functions and duties, acquisition of equipment, development of procedures, programming, records, documents, properties, assets, funds, liabilities, and bonding resulting from the proposed changes. Amended by Act 2019, No. 910,§ 3026, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3025, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3024, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3023, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3022, eff. 7/1/2019. Acts 1999, No. 1316, § 1.

(a) Any reorganization of the functions and duties for the conduct of environmental affairs through the provisions of this chapter shall be based on a comprehensive analysis of the existing operations of the Division of Environmental Quality and the development of a ten-year strategic plan for Division of Environmental Quality operations. Such strategic plan shall be reviewed and updated on an annual basis and shall be made available for public review through formal notice.

(b) The comprehensive analysis of each division, function, and duty shall consist of the following requirements: (1) A comprehensive analysis of each existing division, function, and duty performed by the Division of Environmental Quality in providing environmental services; and (2) A comprehensive comparative analysis of the functions and duties to be performed through the proposed alternative organization with regard to improved efficiency, effectiveness, responsiveness, and accountability to the people.

(1) A comprehensive analysis of each existing division, function, and duty performed by the Division of Environmental Quality in providing environmental services; and

(2) A comprehensive comparative analysis of the functions and duties to be performed through the proposed alternative organization with regard to improved efficiency, effectiveness, responsiveness, and accountability to the people.

(c) (1) The strategic plan shall outline a management organization for the Division of Environmental Quality that promotes environmental protection and enhancement. (2) Such management organization shall consist of the following requirements: (A) To establish an integrated agency information system that: (i) Ensures compatibility between state standards and facility identification and location data standards established by the United States Environmental Protection Agency; (ii) Reduces reporting and record-keeping burdens on industry; (iii) Establishes a public participation process to define and adopt reporting and data management reforms; (iv) Measures improvements in waste reduction recycling of waste materials, conservation and reuse of resources, and pollution prevention; and (v) Expands public access to environmental performance information; (B) (i) To institute environmental performance indicators to measure progress in protecting and enhancing the environment. (ii) Such indicators shall emphasize waste reduction, recycling of waste materials, conservation and reuse of materials, and pollution prevention, and shall be formulated using numeric goals and expressed in plain language terms. (iii) Such indicators shall be developed by a work group appointed by the Director of the Division of Environmental Quality consisting of representatives of the Division of Environmental Quality working in collaboration with representatives from state and federal agencies, city and county officials, nonprofit organizations, minority groups, industry, colleges and universities, civic groups, and other stakeholders in environmental affairs; (C) To organize the Division of Environmental Quality according to business functions and duties; (D) To establish a performance-based financial management system that links expenditures within divisions, functions, and duties to environmental protection and enhancement; and (E) To embody the above elements into a reorganization plan which provides for the scheduling of any transfer of functions and duties, acquisition of equipment, development of procedures, programming, records, documents, properties, assets, funds, liabilities, and bonding resulting from the proposed changes.

(1) The strategic plan shall outline a management organization for the Division of Environmental Quality that promotes environmental protection and enhancement.

(2) Such management organization shall consist of the following requirements: (A) To establish an integrated agency information system that: (i) Ensures compatibility between state standards and facility identification and location data standards established by the United States Environmental Protection Agency; (ii) Reduces reporting and record-keeping burdens on industry; (iii) Establishes a public participation process to define and adopt reporting and data management reforms; (iv) Measures improvements in waste reduction recycling of waste materials, conservation and reuse of resources, and pollution prevention; and (v) Expands public access to environmental performance information; (B) (i) To institute environmental performance indicators to measure progress in protecting and enhancing the environment. (ii) Such indicators shall emphasize waste reduction, recycling of waste materials, conservation and reuse of materials, and pollution prevention, and shall be formulated using numeric goals and expressed in plain language terms. (iii) Such indicators shall be developed by a work group appointed by the Director of the Division of Environmental Quality consisting of representatives of the Division of Environmental Quality working in collaboration with representatives from state and federal agencies, city and county officials, nonprofit organizations, minority groups, industry, colleges and universities, civic groups, and other stakeholders in environmental affairs; (C) To organize the Division of Environmental Quality according to business functions and duties; (D) To establish a performance-based financial management system that links expenditures within divisions, functions, and duties to environmental protection and enhancement; and (E) To embody the above elements into a reorganization plan which provides for the scheduling of any transfer of functions and duties, acquisition of equipment, development of procedures, programming, records, documents, properties, assets, funds, liabilities, and bonding resulting from the proposed changes.

(A) To establish an integrated agency information system that: (i) Ensures compatibility between state standards and facility identification and location data standards established by the United States Environmental Protection Agency; (ii) Reduces reporting and record-keeping burdens on industry; (iii) Establishes a public participation process to define and adopt reporting and data management reforms; (iv) Measures improvements in waste reduction recycling of waste materials, conservation and reuse of resources, and pollution prevention; and (v) Expands public access to environmental performance information;

(i) Ensures compatibility between state standards and facility identification and location data standards established by the United States Environmental Protection Agency;

(ii) Reduces reporting and record-keeping burdens on industry;

(iii) Establishes a public participation process to define and adopt reporting and data management reforms;

(iv) Measures improvements in waste reduction recycling of waste materials, conservation and reuse of resources, and pollution prevention; and

(v) Expands public access to environmental performance information;

(B) (i) To institute environmental performance indicators to measure progress in protecting and enhancing the environment. (ii) Such indicators shall emphasize waste reduction, recycling of waste materials, conservation and reuse of materials, and pollution prevention, and shall be formulated using numeric goals and expressed in plain language terms. (iii) Such indicators shall be developed by a work group appointed by the Director of the Division of Environmental Quality consisting of representatives of the Division of Environmental Quality working in collaboration with representatives from state and federal agencies, city and county officials, nonprofit organizations, minority groups, industry, colleges and universities, civic groups, and other stakeholders in environmental affairs;

(i) To institute environmental performance indicators to measure progress in protecting and enhancing the environment.

(ii) Such indicators shall emphasize waste reduction, recycling of waste materials, conservation and reuse of materials, and pollution prevention, and shall be formulated using numeric goals and expressed in plain language terms.

(iii) Such indicators shall be developed by a work group appointed by the Director of the Division of Environmental Quality consisting of representatives of the Division of Environmental Quality working in collaboration with representatives from state and federal agencies, city and county officials, nonprofit organizations, minority groups, industry, colleges and universities, civic groups, and other stakeholders in environmental affairs;

(C) To organize the Division of Environmental Quality according to business functions and duties;

(D) To establish a performance-based financial management system that links expenditures within divisions, functions, and duties to environmental protection and enhancement; and

(E) To embody the above elements into a reorganization plan which provides for the scheduling of any transfer of functions and duties, acquisition of equipment, development of procedures, programming, records, documents, properties, assets, funds, liabilities, and bonding resulting from the proposed changes.

Amended by Act 2019, No. 910,§ 3026, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3025, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3024, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3023, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3022, eff. 7/1/2019.

Acts 1999, No. 1316, § 1.
Ark. Code Ann. § 8-6-613 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-613
Computer and electronic equipment recycling program
Status: in_force

(a) A program for the recycling of computer and electronic equipment is created. (b) The General Assembly finds that: (1) Computer and electronic equipment solid waste are among the fastest growing and most toxic segments of Arkansas's solid waste stream; and (2) There are recycling options to address this problem, and Arkansas solid waste districts and local governments and their delegated authorities and agents should develop solid waste management plans, programs, and facilities that integrate computer and electronic equipment recycling as a functional part of the solid waste management system. (c) Each regional solid waste management board that is required to submit or has submitted a regional solid waste management plan under § 8-6-1904 or a solid waste management plan developed under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and receives funding under this subchapter shall operate a solid waste management system that includes a computer and electronic equipment recycling program. (d) The Arkansas Pollution Control and Ecology Commission may adopt rules necessary to implement an effective computer and electronic equipment recycling program. Amended by Act 2019, No. 315,§ 546, eff. 7/24/2019. Amended by Act 2017, No. 624,§ 3, eff. 8/1/2017. Acts 2007, No. 512, § 2.

(a) A program for the recycling of computer and electronic equipment is created.

(b) The General Assembly finds that: (1) Computer and electronic equipment solid waste are among the fastest growing and most toxic segments of Arkansas's solid waste stream; and (2) There are recycling options to address this problem, and Arkansas solid waste districts and local governments and their delegated authorities and agents should develop solid waste management plans, programs, and facilities that integrate computer and electronic equipment recycling as a functional part of the solid waste management system.

(1) Computer and electronic equipment solid waste are among the fastest growing and most toxic segments of Arkansas's solid waste stream; and

(2) There are recycling options to address this problem, and Arkansas solid waste districts and local governments and their delegated authorities and agents should develop solid waste management plans, programs, and facilities that integrate computer and electronic equipment recycling as a functional part of the solid waste management system.

(c) Each regional solid waste management board that is required to submit or has submitted a regional solid waste management plan under § 8-6-1904 or a solid waste management plan developed under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and receives funding under this subchapter shall operate a solid waste management system that includes a computer and electronic equipment recycling program.

(d) The Arkansas Pollution Control and Ecology Commission may adopt rules necessary to implement an effective computer and electronic equipment recycling program.

Amended by Act 2019, No. 315,§ 546, eff. 7/24/2019.

Amended by Act 2017, No. 624,§ 3, eff. 8/1/2017.

Acts 2007, No. 512, § 2.
Ark. Code Ann. § 8-9-303 — AR Code / Title 8 / Chapter 9 / Subchapter 3 / Section 8-9-303
Lead-acid batteries
Status: in_force

(a) A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in the state shall: (1) Accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers, if offered by customers; and (2) Post written notices which must be at least eight and one-half inches by eleven inches (8½" x 11") in size and must contain the universal recycling symbol and the following language: (A) "It is illegal to discard a motor vehicle or marine battery."; (B) "Recycle your used batteries."; (C) "State law requires us to accept used lead-acid batteries for recycling, in exchange for new lead-acid batteries purchased."; and (D) "When you purchase any new lead-acid battery, you will be charged an additional ten dollars ($10.00) unless you return a used lead-acid battery for refund within thirty (30) days." (b) (1) Each person who purchases a lead-acid battery at retail shall be assessed a surcharge of ten dollars ($10.00) per lead-acid battery by the retailer unless for each lead-acid battery purchased: (A) That person returns a used lead-acid battery to the retailer within thirty (30) days of the date of his or her surcharged purchase; (B) That person provides a valid police report which indicates that a lead-acid battery has been stolen from that person; or (C) The purchase is for installation in an item which was sold without a lead-acid battery and there is no used lead-acid battery for that item which could be returned, and that person signs a written statement containing the following language: "I attest that this purchase of a lead-acid battery is for installation in an item which was sold without a lead-acid battery, and there is no used battery for this item which can be returned." (2) A retailer shall refund the ten-dollar surcharge to any purchaser of a new lead-acid battery who presents a used lead-acid battery to the retailer with a receipt for the purchase of a new lead-acid battery from that retailer within that thirty-day period. (3) A retailer may keep any lead-acid battery surcharge moneys which are not properly claimed within thirty (30) days after the date of sale. (c) The Division of Environmental Quality shall produce, print, and distribute the notices required by this section to all places where lead-acid batteries are offered for sale at retail. (d) In performing its duties under this section, the division may inspect any place, building, or premises governed by this section. (e) (1) Any person selling new lead-acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers if offered by customers. (2) A person accepting lead-acid batteries in transfer from a lead-acid battery retailer shall be allowed a period not to exceed ninety (90) days to remove lead-acid batteries from the retail point of collection. (f) No person shall place a used lead-acid battery in municipal solid waste or discard or otherwise dispose of a lead-acid battery, except by delivery to: (1) A lead-acid battery retailer or wholesaler; (2) A collection or recycling facility authorized under the law of the State of Arkansas; or (3) A secondary lead smelter permitted by the United States Environmental Protection Agency. (g) No lead-acid battery retailer shall dispose of a used lead-acid battery except by delivery to the agent of a lead-acid battery wholesaler, to a battery manufacturer for delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency, or to a collection or recycling facility authorized under the law of the State of Arkansas or to a secondary lead smelter permitted by the United States Environmental Protection Agency. (h) An owner or operator of a solid waste landfill shall not knowingly accept for disposal a lead-acid battery. (i) Each lead-acid battery improperly disposed of or accepted for disposal shall constitute a separate violation. (j) The requirements for retailers contained in subsections (a) and (b) of this section shall not apply to a person whose retail sales of lead-acid batteries are not in the ordinary course of business. (k) Nothing in this section shall be construed to prohibit the collection, transportation, or disposal of lead-acid batteries mixed or commingled with solid waste by any person engaged in the collection, transportation, or disposal of solid waste, unless it can be demonstrated that the person knew or should have known that such lead-acid batteries had been mixed or commingled with the solid waste collected, transported, or disposed of, and unless it can be demonstrated that it is economically and environmentally feasible to remove and recover the lead-acid batteries from the solid waste collected, transported, or disposed of. Amended by Act 2019, No. 910,§ 2860, eff. 7/1/2019. Acts 1991, No. 749, § 1; 1993, No. 579, § 2.

(a) A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in the state shall: (1) Accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers, if offered by customers; and (2) Post written notices which must be at least eight and one-half inches by eleven inches (8½" x 11") in size and must contain the universal recycling symbol and the following language: (A) "It is illegal to discard a motor vehicle or marine battery."; (B) "Recycle your used batteries."; (C) "State law requires us to accept used lead-acid batteries for recycling, in exchange for new lead-acid batteries purchased."; and (D) "When you purchase any new lead-acid battery, you will be charged an additional ten dollars ($10.00) unless you return a used lead-acid battery for refund within thirty (30) days."

(1) Accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers, if offered by customers; and

(2) Post written notices which must be at least eight and one-half inches by eleven inches (8½" x 11") in size and must contain the universal recycling symbol and the following language: (A) "It is illegal to discard a motor vehicle or marine battery."; (B) "Recycle your used batteries."; (C) "State law requires us to accept used lead-acid batteries for recycling, in exchange for new lead-acid batteries purchased."; and (D) "When you purchase any new lead-acid battery, you will be charged an additional ten dollars ($10.00) unless you return a used lead-acid battery for refund within thirty (30) days."

(A) "It is illegal to discard a motor vehicle or marine battery.";

(B) "Recycle your used batteries.";

(C) "State law requires us to accept used lead-acid batteries for recycling, in exchange for new lead-acid batteries purchased."; and

(D) "When you purchase any new lead-acid battery, you will be charged an additional ten dollars ($10.00) unless you return a used lead-acid battery for refund within thirty (30) days."

(b) (1) Each person who purchases a lead-acid battery at retail shall be assessed a surcharge of ten dollars ($10.00) per lead-acid battery by the retailer unless for each lead-acid battery purchased: (A) That person returns a used lead-acid battery to the retailer within thirty (30) days of the date of his or her surcharged purchase; (B) That person provides a valid police report which indicates that a lead-acid battery has been stolen from that person; or (C) The purchase is for installation in an item which was sold without a lead-acid battery and there is no used lead-acid battery for that item which could be returned, and that person signs a written statement containing the following language: "I attest that this purchase of a lead-acid battery is for installation in an item which was sold without a lead-acid battery, and there is no used battery for this item which can be returned." (2) A retailer shall refund the ten-dollar surcharge to any purchaser of a new lead-acid battery who presents a used lead-acid battery to the retailer with a receipt for the purchase of a new lead-acid battery from that retailer within that thirty-day period. (3) A retailer may keep any lead-acid battery surcharge moneys which are not properly claimed within thirty (30) days after the date of sale.

(1) Each person who purchases a lead-acid battery at retail shall be assessed a surcharge of ten dollars ($10.00) per lead-acid battery by the retailer unless for each lead-acid battery purchased: (A) That person returns a used lead-acid battery to the retailer within thirty (30) days of the date of his or her surcharged purchase; (B) That person provides a valid police report which indicates that a lead-acid battery has been stolen from that person; or (C) The purchase is for installation in an item which was sold without a lead-acid battery and there is no used lead-acid battery for that item which could be returned, and that person signs a written statement containing the following language: "I attest that this purchase of a lead-acid battery is for installation in an item which was sold without a lead-acid battery, and there is no used battery for this item which can be returned."

(A) That person returns a used lead-acid battery to the retailer within thirty (30) days of the date of his or her surcharged purchase;

(B) That person provides a valid police report which indicates that a lead-acid battery has been stolen from that person; or

(C) The purchase is for installation in an item which was sold without a lead-acid battery and there is no used lead-acid battery for that item which could be returned, and that person signs a written statement containing the following language: "I attest that this purchase of a lead-acid battery is for installation in an item which was sold without a lead-acid battery, and there is no used battery for this item which can be returned."

"I attest that this purchase of a lead-acid battery is for installation in an item which was sold without a lead-acid battery, and there is no used battery for this item which can be returned."

(2) A retailer shall refund the ten-dollar surcharge to any purchaser of a new lead-acid battery who presents a used lead-acid battery to the retailer with a receipt for the purchase of a new lead-acid battery from that retailer within that thirty-day period.

(3) A retailer may keep any lead-acid battery surcharge moneys which are not properly claimed within thirty (30) days after the date of sale.

(c) The Division of Environmental Quality shall produce, print, and distribute the notices required by this section to all places where lead-acid batteries are offered for sale at retail.

(d) In performing its duties under this section, the division may inspect any place, building, or premises governed by this section.

(e) (1) Any person selling new lead-acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers if offered by customers. (2) A person accepting lead-acid batteries in transfer from a lead-acid battery retailer shall be allowed a period not to exceed ninety (90) days to remove lead-acid batteries from the retail point of collection.

(1) Any person selling new lead-acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers if offered by customers.

(2) A person accepting lead-acid batteries in transfer from a lead-acid battery retailer shall be allowed a period not to exceed ninety (90) days to remove lead-acid batteries from the retail point of collection.

(f) No person shall place a used lead-acid battery in municipal solid waste or discard or otherwise dispose of a lead-acid battery, except by delivery to: (1) A lead-acid battery retailer or wholesaler; (2) A collection or recycling facility authorized under the law of the State of Arkansas; or (3) A secondary lead smelter permitted by the United States Environmental Protection Agency.

(1) A lead-acid battery retailer or wholesaler;

(2) A collection or recycling facility authorized under the law of the State of Arkansas; or

(3) A secondary lead smelter permitted by the United States Environmental Protection Agency.

(g) No lead-acid battery retailer shall dispose of a used lead-acid battery except by delivery to the agent of a lead-acid battery wholesaler, to a battery manufacturer for delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency, or to a collection or recycling facility authorized under the law of the State of Arkansas or to a secondary lead smelter permitted by the United States Environmental Protection Agency.

(h) An owner or operator of a solid waste landfill shall not knowingly accept for disposal a lead-acid battery.

(i) Each lead-acid battery improperly disposed of or accepted for disposal shall constitute a separate violation.

(j) The requirements for retailers contained in subsections (a) and (b) of this section shall not apply to a person whose retail sales of lead-acid batteries are not in the ordinary course of business.

(k) Nothing in this section shall be construed to prohibit the collection, transportation, or disposal of lead-acid batteries mixed or commingled with solid waste by any person engaged in the collection, transportation, or disposal of solid waste, unless it can be demonstrated that the person knew or should have known that such lead-acid batteries had been mixed or commingled with the solid waste collected, transported, or disposed of, and unless it can be demonstrated that it is economically and environmentally feasible to remove and recover the lead-acid batteries from the solid waste collected, transported, or disposed of.

Amended by Act 2019, No. 910,§ 2860, eff. 7/1/2019.

Acts 1991, No. 749, § 1; 1993, No. 579, § 2.
Ark. Code Ann. § 8-6-905 — AR Code / Title 8 / Chapter 6 / Subchapter 9 / Section 8-6-905
Powers and duties
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission, with the advice and assistance of the licensing committee, is given and charged with the power and duty to adopt rules implementing and effectuating such powers and duties of the Division of Environmental Quality and the committee under this subchapter as may be necessary for the administration and enforcement of this subchapter. (b) The division is charged with the responsibility of administering and enforcing this subchapter, with the advice and assistance of the committee, and is given and charged with the following powers and duties: (1) (A) To conduct examinations for licensing, which shall be held at least annually and more frequently as the commission shall deem necessary. (B) This duty may be delegated by the division to the administrator of any approved course; (2) To issue licenses to qualified solid waste management facility operators, to renew those licenses, to suspend or revoke the licenses for cause after due notice and opportunity for hearing, to issue one-year apprenticeship licenses to operators-in-training, and to issue provisional certificates; and (3) To initiate enforcement actions or institute court proceedings, or both, to compel compliance with the provisions of this subchapter and rules issued under this subchapter. (c) The committee shall: (1) Conduct inquiries and establish findings necessary to advise the commission and the division on irregularities encountered in the management of the licensing program; (2) Conduct inquiries and establish facts necessary to advise the commission and the division on the actions of licensees; and (3) Recommend administrative sanctions, including, but not limited to, the suspension and revocation of licenses as necessary to promote the professional integrity of solid waste licensees. Amended by Act 2019, No. 315,§ 561, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 560, eff. 7/24/2019. Amended by Act 2019, No. 1067,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2670, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2669, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2668, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2667, eff. 7/1/2019. Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1207, § 4; 1997, No. 1254, § 3; 2005, No. 728, § 3.

(a) The Arkansas Pollution Control and Ecology Commission, with the advice and assistance of the licensing committee, is given and charged with the power and duty to adopt rules implementing and effectuating such powers and duties of the Division of Environmental Quality and the committee under this subchapter as may be necessary for the administration and enforcement of this subchapter.

(b) The division is charged with the responsibility of administering and enforcing this subchapter, with the advice and assistance of the committee, and is given and charged with the following powers and duties: (1) (A) To conduct examinations for licensing, which shall be held at least annually and more frequently as the commission shall deem necessary. (B) This duty may be delegated by the division to the administrator of any approved course; (2) To issue licenses to qualified solid waste management facility operators, to renew those licenses, to suspend or revoke the licenses for cause after due notice and opportunity for hearing, to issue one-year apprenticeship licenses to operators-in-training, and to issue provisional certificates; and (3) To initiate enforcement actions or institute court proceedings, or both, to compel compliance with the provisions of this subchapter and rules issued under this subchapter.

(1) (A) To conduct examinations for licensing, which shall be held at least annually and more frequently as the commission shall deem necessary. (B) This duty may be delegated by the division to the administrator of any approved course;

(A) To conduct examinations for licensing, which shall be held at least annually and more frequently as the commission shall deem necessary.

(B) This duty may be delegated by the division to the administrator of any approved course;

(2) To issue licenses to qualified solid waste management facility operators, to renew those licenses, to suspend or revoke the licenses for cause after due notice and opportunity for hearing, to issue one-year apprenticeship licenses to operators-in-training, and to issue provisional certificates; and

(3) To initiate enforcement actions or institute court proceedings, or both, to compel compliance with the provisions of this subchapter and rules issued under this subchapter.

(c) The committee shall: (1) Conduct inquiries and establish findings necessary to advise the commission and the division on irregularities encountered in the management of the licensing program; (2) Conduct inquiries and establish facts necessary to advise the commission and the division on the actions of licensees; and (3) Recommend administrative sanctions, including, but not limited to, the suspension and revocation of licenses as necessary to promote the professional integrity of solid waste licensees.

(1) Conduct inquiries and establish findings necessary to advise the commission and the division on irregularities encountered in the management of the licensing program;

(2) Conduct inquiries and establish facts necessary to advise the commission and the division on the actions of licensees; and

(3) Recommend administrative sanctions, including, but not limited to, the suspension and revocation of licenses as necessary to promote the professional integrity of solid waste licensees.

Amended by Act 2019, No. 315,§ 561, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 560, eff. 7/24/2019.

Amended by Act 2019, No. 1067,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2670, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2669, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2668, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2667, eff. 7/1/2019.

Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1207, § 4; 1997, No. 1254, § 3; 2005, No. 728, § 3.
Ark. Code Ann. § 8-6-302 — AR Code / Title 8 / Chapter 6 / Subchapter 3 / Section 8-6-302
County Solid Waste Management System Aid Fund
Status: in_force

There is established in the State Treasury a fund to be known as the "County Solid Waste Management System Aid Fund", to consist of such special or general revenues or other moneys that may be deposited therein as provided by the General Assembly, to be used for the purpose of providing financial assistance to counties in the manner provided in this subchapter and for the establishment, expansion, maintenance, and operation of county solid waste collection and disposal systems. Acts 1985, No. 986, § 1; A.S.A. 1947, § 13-564.

There is established in the State Treasury a fund to be known as the "County Solid Waste Management System Aid Fund", to consist of such special or general revenues or other moneys that may be deposited therein as provided by the General Assembly, to be used for the purpose of providing financial assistance to counties in the manner provided in this subchapter and for the establishment, expansion, maintenance, and operation of county solid waste collection and disposal systems.

Acts 1985, No. 986, § 1; A.S.A. 1947, § 13-564.
Ark. Code Ann. § 8-6-716 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-716
Regional needs assessment
Status: in_force

(a) (1) (A) (i) Each regional solid waste management board created pursuant to this subchapter shall prepare a regional needs assessment evaluating the solid waste management needs within its regional solid waste management district. Provided, however, that such regional needs assessments need not include an evaluation of the need for landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character. (ii) Such regional needs assessment shall be submitted for Division of Environmental Quality review, and the Director of the Division of Environmental Quality shall approve or disapprove it within ninety (90) days after submission. (B) (i) The regional needs assessments for boards created pursuant to § 8-6-703 shall be due every four (4) years. (ii) The division may, at its discretion, stagger the due dates by random selection so that approximately one-fourth (¼) of the districts will submit a regional needs assessment each year. (C) (i) The division will notify in writing the districts of the date on which their regional needs assessments are due. (ii) The board may obtain an extension of that deadline from the director. (D) A board created pursuant to § 8-6-703 in a region having a projected solid waste disposal capacity of less than five (5) years or in a region having no landfill for solid waste disposal shall prepare and submit a regional needs assessment annually, with the first regional needs assessment due on June 30, 1995, and with updated regional needs assessments due on June 30 of each year thereafter. (E) Any board which submitted the biennial regional needs assessment due on January 31, 1995, under prior law, shall prepare and submit its next regional needs assessment on June 30, 1996, with updated regional needs assessments due on June 30 of each year thereafter. (2) The regional needs assessment shall include, at the minimum, the following: (A) An evaluation of the amount of solid waste generated within the district and the amount of remaining disposal capacity, expressed in years, at the solid waste disposal facilities within the district that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.; (B) An evaluation of the solid waste collection, transportation, and disposal needs of all localities within the district; and (C) An evaluation and balancing of the environmental, economic, and other relevant factors which would be implicated by acceptance of solid waste from beyond the boundaries of the district. (b) Each board shall update its regional needs assessment, at the minimum, every four (4) years. (c) At a time not later than five (5) years before the disposal capacity in a region reaches its projected capacity, the board shall develop a request for proposals to increase the district's projected capacity for solid waste disposal within the district in accordance with its regional needs assessment. (d) No landfill shall receive solid waste from beyond the district boundaries when projected solid waste disposal capacity within the district is less than five (5) years, except as may be otherwise specified pursuant to this subchapter. (e) No owner or operator of a landfill serving a limited area of a district shall be required to increase the landfill's service area to accommodate the needs of the district. Amended by Act 2019, No. 910,§ 2655, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2654, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2653, eff. 7/1/2019. Acts 1991, No. 752, § 2; 1993, No. 619, § 3; 1995, No. 1030, § 1; 1999, No. 428, § 2.

(a) (1) (A) (i) Each regional solid waste management board created pursuant to this subchapter shall prepare a regional needs assessment evaluating the solid waste management needs within its regional solid waste management district. Provided, however, that such regional needs assessments need not include an evaluation of the need for landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character. (ii) Such regional needs assessment shall be submitted for Division of Environmental Quality review, and the Director of the Division of Environmental Quality shall approve or disapprove it within ninety (90) days after submission. (B) (i) The regional needs assessments for boards created pursuant to § 8-6-703 shall be due every four (4) years. (ii) The division may, at its discretion, stagger the due dates by random selection so that approximately one-fourth (¼) of the districts will submit a regional needs assessment each year. (C) (i) The division will notify in writing the districts of the date on which their regional needs assessments are due. (ii) The board may obtain an extension of that deadline from the director. (D) A board created pursuant to § 8-6-703 in a region having a projected solid waste disposal capacity of less than five (5) years or in a region having no landfill for solid waste disposal shall prepare and submit a regional needs assessment annually, with the first regional needs assessment due on June 30, 1995, and with updated regional needs assessments due on June 30 of each year thereafter. (E) Any board which submitted the biennial regional needs assessment due on January 31, 1995, under prior law, shall prepare and submit its next regional needs assessment on June 30, 1996, with updated regional needs assessments due on June 30 of each year thereafter. (2) The regional needs assessment shall include, at the minimum, the following: (A) An evaluation of the amount of solid waste generated within the district and the amount of remaining disposal capacity, expressed in years, at the solid waste disposal facilities within the district that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.; (B) An evaluation of the solid waste collection, transportation, and disposal needs of all localities within the district; and (C) An evaluation and balancing of the environmental, economic, and other relevant factors which would be implicated by acceptance of solid waste from beyond the boundaries of the district.

(1) (A) (i) Each regional solid waste management board created pursuant to this subchapter shall prepare a regional needs assessment evaluating the solid waste management needs within its regional solid waste management district. Provided, however, that such regional needs assessments need not include an evaluation of the need for landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character. (ii) Such regional needs assessment shall be submitted for Division of Environmental Quality review, and the Director of the Division of Environmental Quality shall approve or disapprove it within ninety (90) days after submission. (B) (i) The regional needs assessments for boards created pursuant to § 8-6-703 shall be due every four (4) years. (ii) The division may, at its discretion, stagger the due dates by random selection so that approximately one-fourth (¼) of the districts will submit a regional needs assessment each year. (C) (i) The division will notify in writing the districts of the date on which their regional needs assessments are due. (ii) The board may obtain an extension of that deadline from the director. (D) A board created pursuant to § 8-6-703 in a region having a projected solid waste disposal capacity of less than five (5) years or in a region having no landfill for solid waste disposal shall prepare and submit a regional needs assessment annually, with the first regional needs assessment due on June 30, 1995, and with updated regional needs assessments due on June 30 of each year thereafter. (E) Any board which submitted the biennial regional needs assessment due on January 31, 1995, under prior law, shall prepare and submit its next regional needs assessment on June 30, 1996, with updated regional needs assessments due on June 30 of each year thereafter.

(A) (i) Each regional solid waste management board created pursuant to this subchapter shall prepare a regional needs assessment evaluating the solid waste management needs within its regional solid waste management district. Provided, however, that such regional needs assessments need not include an evaluation of the need for landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character. (ii) Such regional needs assessment shall be submitted for Division of Environmental Quality review, and the Director of the Division of Environmental Quality shall approve or disapprove it within ninety (90) days after submission.

(i) Each regional solid waste management board created pursuant to this subchapter shall prepare a regional needs assessment evaluating the solid waste management needs within its regional solid waste management district. Provided, however, that such regional needs assessments need not include an evaluation of the need for landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character.

(ii) Such regional needs assessment shall be submitted for Division of Environmental Quality review, and the Director of the Division of Environmental Quality shall approve or disapprove it within ninety (90) days after submission.

(B) (i) The regional needs assessments for boards created pursuant to § 8-6-703 shall be due every four (4) years. (ii) The division may, at its discretion, stagger the due dates by random selection so that approximately one-fourth (¼) of the districts will submit a regional needs assessment each year.

(i) The regional needs assessments for boards created pursuant to § 8-6-703 shall be due every four (4) years.

(ii) The division may, at its discretion, stagger the due dates by random selection so that approximately one-fourth (¼) of the districts will submit a regional needs assessment each year.

(C) (i) The division will notify in writing the districts of the date on which their regional needs assessments are due. (ii) The board may obtain an extension of that deadline from the director.

(i) The division will notify in writing the districts of the date on which their regional needs assessments are due.

(ii) The board may obtain an extension of that deadline from the director.

(D) A board created pursuant to § 8-6-703 in a region having a projected solid waste disposal capacity of less than five (5) years or in a region having no landfill for solid waste disposal shall prepare and submit a regional needs assessment annually, with the first regional needs assessment due on June 30, 1995, and with updated regional needs assessments due on June 30 of each year thereafter.

(E) Any board which submitted the biennial regional needs assessment due on January 31, 1995, under prior law, shall prepare and submit its next regional needs assessment on June 30, 1996, with updated regional needs assessments due on June 30 of each year thereafter.

(2) The regional needs assessment shall include, at the minimum, the following: (A) An evaluation of the amount of solid waste generated within the district and the amount of remaining disposal capacity, expressed in years, at the solid waste disposal facilities within the district that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.; (B) An evaluation of the solid waste collection, transportation, and disposal needs of all localities within the district; and (C) An evaluation and balancing of the environmental, economic, and other relevant factors which would be implicated by acceptance of solid waste from beyond the boundaries of the district.

(A) An evaluation of the amount of solid waste generated within the district and the amount of remaining disposal capacity, expressed in years, at the solid waste disposal facilities within the district that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.;

(B) An evaluation of the solid waste collection, transportation, and disposal needs of all localities within the district; and

(C) An evaluation and balancing of the environmental, economic, and other relevant factors which would be implicated by acceptance of solid waste from beyond the boundaries of the district.

(b) Each board shall update its regional needs assessment, at the minimum, every four (4) years.

(c) At a time not later than five (5) years before the disposal capacity in a region reaches its projected capacity, the board shall develop a request for proposals to increase the district's projected capacity for solid waste disposal within the district in accordance with its regional needs assessment.

(d) No landfill shall receive solid waste from beyond the district boundaries when projected solid waste disposal capacity within the district is less than five (5) years, except as may be otherwise specified pursuant to this subchapter.

(e) No owner or operator of a landfill serving a limited area of a district shall be required to increase the landfill's service area to accommodate the needs of the district.

Amended by Act 2019, No. 910,§ 2655, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2654, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2653, eff. 7/1/2019.

Acts 1991, No. 752, § 2; 1993, No. 619, § 3; 1995, No. 1030, § 1; 1999, No. 428, § 2.
Ark. Code Ann. § 8-7-1102 — AR Code / Title 8 / Chapter 7 / Subchapter 11 / Section 8-7-1102
Definitions
Status: in_force

(a) As used in this subchapter: (1) "Abandoned site" means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or residential property or when the Division of Environmental Quality determines it is in the best interest of the citizens of Arkansas to promote redevelopment under this subchapter while continuing to pursue the responsible party or parties; (2) "Implementing agreement" means a plan, order, memorandum of agreement, or other enforceable document issued by the division under provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., the Remedial Action Trust Fund Act, § 8-7-501 et seq., or this subchapter, to implement the voluntary cleanup process described in § 8-7-1104 ; (3) "Industrial, commercial, or agricultural activity" means commercial, manufacturing, agricultural, or any other activity done to further the development, manufacturing, or distribution of goods and services, as well as soil cultivation and crop or livestock production, including, but not limited to, research and development, warehousing, shipping, transport, remanufacturing, repair, and maintenance of commercial machinery and equipment; (4) "Property" means property and improvements, including: (A) A facility as defined in 42 U.S.C. § 9601 ; and (B) A site as defined in § 8-7-203 ; (5) "Prospective purchaser" means a person who expresses a willingness to acquire an abandoned site and is not responsible for any preexisting pollution at or contamination on the abandoned site; (6) "Residential property" means any real property used as a dwelling or property with four (4) or fewer dwelling units used exclusively for residential use; and (7) (A) "Site assessment" means the site assessment to establish the baseline level of existing contamination on a site. (B) At a minimum, the assessment shall identify the location and extent of contamination, the quantity or level of contamination, the type of contamination, the probable source of contamination, and the risk or threat associated with the contamination as described in § 8-7-1104 . (C) The assessment also shall include a description of the intended land use of the site. (b) Any other terms of this subchapter not expressly defined shall have the same definitions as provided in § 8-7-203 , § 8-7-304 , or § 8-7-503 , unless manifestly inconsistent with the provisions and remedial intent of this subchapter. Amended by Act 2019, No. 693,§ 30, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2829, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2828, eff. 7/1/2019. Acts 1997, No. 1042, § 1; 2001, No. 164, § 2; 2005, No. 1164, § 2.

(a) As used in this subchapter: (1) "Abandoned site" means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or residential property or when the Division of Environmental Quality determines it is in the best interest of the citizens of Arkansas to promote redevelopment under this subchapter while continuing to pursue the responsible party or parties; (2) "Implementing agreement" means a plan, order, memorandum of agreement, or other enforceable document issued by the division under provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., the Remedial Action Trust Fund Act, § 8-7-501 et seq., or this subchapter, to implement the voluntary cleanup process described in § 8-7-1104 ; (3) "Industrial, commercial, or agricultural activity" means commercial, manufacturing, agricultural, or any other activity done to further the development, manufacturing, or distribution of goods and services, as well as soil cultivation and crop or livestock production, including, but not limited to, research and development, warehousing, shipping, transport, remanufacturing, repair, and maintenance of commercial machinery and equipment; (4) "Property" means property and improvements, including: (A) A facility as defined in 42 U.S.C. § 9601 ; and (B) A site as defined in § 8-7-203 ; (5) "Prospective purchaser" means a person who expresses a willingness to acquire an abandoned site and is not responsible for any preexisting pollution at or contamination on the abandoned site; (6) "Residential property" means any real property used as a dwelling or property with four (4) or fewer dwelling units used exclusively for residential use; and (7) (A) "Site assessment" means the site assessment to establish the baseline level of existing contamination on a site. (B) At a minimum, the assessment shall identify the location and extent of contamination, the quantity or level of contamination, the type of contamination, the probable source of contamination, and the risk or threat associated with the contamination as described in § 8-7-1104 . (C) The assessment also shall include a description of the intended land use of the site.

(1) "Abandoned site" means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or residential property or when the Division of Environmental Quality determines it is in the best interest of the citizens of Arkansas to promote redevelopment under this subchapter while continuing to pursue the responsible party or parties;

(2) "Implementing agreement" means a plan, order, memorandum of agreement, or other enforceable document issued by the division under provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., the Remedial Action Trust Fund Act, § 8-7-501 et seq., or this subchapter, to implement the voluntary cleanup process described in § 8-7-1104 ;

(3) "Industrial, commercial, or agricultural activity" means commercial, manufacturing, agricultural, or any other activity done to further the development, manufacturing, or distribution of goods and services, as well as soil cultivation and crop or livestock production, including, but not limited to, research and development, warehousing, shipping, transport, remanufacturing, repair, and maintenance of commercial machinery and equipment;

(4) "Property" means property and improvements, including: (A) A facility as defined in 42 U.S.C. § 9601 ; and (B) A site as defined in § 8-7-203 ;

(A) A facility as defined in 42 U.S.C. § 9601 ; and

(B) A site as defined in § 8-7-203 ;

(5) "Prospective purchaser" means a person who expresses a willingness to acquire an abandoned site and is not responsible for any preexisting pollution at or contamination on the abandoned site;

(6) "Residential property" means any real property used as a dwelling or property with four (4) or fewer dwelling units used exclusively for residential use; and

(7) (A) "Site assessment" means the site assessment to establish the baseline level of existing contamination on a site. (B) At a minimum, the assessment shall identify the location and extent of contamination, the quantity or level of contamination, the type of contamination, the probable source of contamination, and the risk or threat associated with the contamination as described in § 8-7-1104 . (C) The assessment also shall include a description of the intended land use of the site.

(A) "Site assessment" means the site assessment to establish the baseline level of existing contamination on a site.

(B) At a minimum, the assessment shall identify the location and extent of contamination, the quantity or level of contamination, the type of contamination, the probable source of contamination, and the risk or threat associated with the contamination as described in § 8-7-1104 .

(C) The assessment also shall include a description of the intended land use of the site.

(b) Any other terms of this subchapter not expressly defined shall have the same definitions as provided in § 8-7-203 , § 8-7-304 , or § 8-7-503 , unless manifestly inconsistent with the provisions and remedial intent of this subchapter.

Amended by Act 2019, No. 693,§ 30, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2829, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2828, eff. 7/1/2019.

Acts 1997, No. 1042, § 1; 2001, No. 164, § 2; 2005, No. 1164, § 2.
Ark. Code Ann. § 8-6-220 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-220
Yard waste - Definitions
Status: in_force

(a) (1) (A) Except as provided in subdivision (a)(2) of this section, it is illegal for yard waste to be placed in a solid waste management facility solely for the purpose of disposal, except for fugitive amounts of yard waste. (B) A permitted solid waste landfill may collect landfill gas from the fugitive amounts of yard waste for conversion to energy. (2) (A) If authorized by the Division of Environmental Quality through a permit modification process including a public notice and comment period, yard waste may be accepted by a permitted solid waste landfill that operates a landfill gas-to-energy system for the recovery and use of landfill gas as a renewable energy fuel source. (B) The division shall consider, at a minimum, the following before authorizing yard waste to be accepted by a solid waste landfill for disposal: (i) The number and types of permitted compost facilities accepting yard waste within the service areas of the solid waste landfill; (ii) The environmental impact of the proposed change in disposing of yard waste at a solid waste landfill instead of a permitted compost facility; (iii) The financial impact to each permitted compost facility located within the service area of the solid waste landfill; (iv) Whether the regional solid waste management board hosting the solid waste landfill and hosting a permitted compost facility within the solid waste landfill's service area supports the request; (v) The amount of yard waste the solid waste landfill intends to accept and the basis for estimating the volume of yard waste to be disposed in the solid waste landfill; (vi) The financial impact to residents and industry within the service area of the solid waste landfill; (vii) The location of the solid waste landfill; (viii) The location within the solid waste landfill for the placement of yard waste; (ix) The plans to offset the effects of disposing of yard waste on the volume reduction for municipal waste disposal; (x) A description and timeline for the landfill gas collected from the yard waste to become a renewable energy fuel source; (xi) The design and efficiency of the landfill gas collection system; (xii) A list of purchase power agreements that guarantee the collection and use of the landfill gas collected from the yard waste for energy conversion; and (xiii) Other information as may be required by the division. (C) Landfill gas recovered through the landfill gas-to-energy system shall be utilized for the generation of electricity or used as a substitute for conventional fuels. (b) (1) In addition to composting requirements for regional solid waste management districts set forth in § 8-6-719 , each district shall furnish yard waste reduction or usage and/or opportunities to ensure that its residents are provided with the availability to choose, based upon need by population or area, ways and means of usage, reduction, reuse, or composting of yard waste. (2) Such choices of yard waste reduction or usage shall be submitted to the division for approval and shall become an integral part of the district's solid waste management plan. (c) As used in this section: (1) "Fugitive amounts of yard waste" means small quantities that escape the approved methods of usage, reduction, reuse, or composting of yard waste; (2) "Landfill gas-to-energy system" means the process of collecting, storing, and converting landfill gas to electricity for a direct fuel use or other use as a substitute for conventional fuels, including without limitation flaring for system testing, system maintenance, or proving capacity for an intended energy use; and (3) "Yard waste" means grass clippings, leaves, and shrubbery trimmings. Amended by Act 2019, No. 910,§ 2612, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2611, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2610, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2609, eff. 7/1/2019. Acts 1991, No. 751, § 4; 1993, No. 479, § 3; 1995, No. 547, § 6; 2009, No. 1220, § 1.

(a) (1) (A) Except as provided in subdivision (a)(2) of this section, it is illegal for yard waste to be placed in a solid waste management facility solely for the purpose of disposal, except for fugitive amounts of yard waste. (B) A permitted solid waste landfill may collect landfill gas from the fugitive amounts of yard waste for conversion to energy. (2) (A) If authorized by the Division of Environmental Quality through a permit modification process including a public notice and comment period, yard waste may be accepted by a permitted solid waste landfill that operates a landfill gas-to-energy system for the recovery and use of landfill gas as a renewable energy fuel source. (B) The division shall consider, at a minimum, the following before authorizing yard waste to be accepted by a solid waste landfill for disposal: (i) The number and types of permitted compost facilities accepting yard waste within the service areas of the solid waste landfill; (ii) The environmental impact of the proposed change in disposing of yard waste at a solid waste landfill instead of a permitted compost facility; (iii) The financial impact to each permitted compost facility located within the service area of the solid waste landfill; (iv) Whether the regional solid waste management board hosting the solid waste landfill and hosting a permitted compost facility within the solid waste landfill's service area supports the request; (v) The amount of yard waste the solid waste landfill intends to accept and the basis for estimating the volume of yard waste to be disposed in the solid waste landfill; (vi) The financial impact to residents and industry within the service area of the solid waste landfill; (vii) The location of the solid waste landfill; (viii) The location within the solid waste landfill for the placement of yard waste; (ix) The plans to offset the effects of disposing of yard waste on the volume reduction for municipal waste disposal; (x) A description and timeline for the landfill gas collected from the yard waste to become a renewable energy fuel source; (xi) The design and efficiency of the landfill gas collection system; (xii) A list of purchase power agreements that guarantee the collection and use of the landfill gas collected from the yard waste for energy conversion; and (xiii) Other information as may be required by the division. (C) Landfill gas recovered through the landfill gas-to-energy system shall be utilized for the generation of electricity or used as a substitute for conventional fuels.

(1) (A) Except as provided in subdivision (a)(2) of this section, it is illegal for yard waste to be placed in a solid waste management facility solely for the purpose of disposal, except for fugitive amounts of yard waste. (B) A permitted solid waste landfill may collect landfill gas from the fugitive amounts of yard waste for conversion to energy.

(A) Except as provided in subdivision (a)(2) of this section, it is illegal for yard waste to be placed in a solid waste management facility solely for the purpose of disposal, except for fugitive amounts of yard waste.

(B) A permitted solid waste landfill may collect landfill gas from the fugitive amounts of yard waste for conversion to energy.

(2) (A) If authorized by the Division of Environmental Quality through a permit modification process including a public notice and comment period, yard waste may be accepted by a permitted solid waste landfill that operates a landfill gas-to-energy system for the recovery and use of landfill gas as a renewable energy fuel source. (B) The division shall consider, at a minimum, the following before authorizing yard waste to be accepted by a solid waste landfill for disposal: (i) The number and types of permitted compost facilities accepting yard waste within the service areas of the solid waste landfill; (ii) The environmental impact of the proposed change in disposing of yard waste at a solid waste landfill instead of a permitted compost facility; (iii) The financial impact to each permitted compost facility located within the service area of the solid waste landfill; (iv) Whether the regional solid waste management board hosting the solid waste landfill and hosting a permitted compost facility within the solid waste landfill's service area supports the request; (v) The amount of yard waste the solid waste landfill intends to accept and the basis for estimating the volume of yard waste to be disposed in the solid waste landfill; (vi) The financial impact to residents and industry within the service area of the solid waste landfill; (vii) The location of the solid waste landfill; (viii) The location within the solid waste landfill for the placement of yard waste; (ix) The plans to offset the effects of disposing of yard waste on the volume reduction for municipal waste disposal; (x) A description and timeline for the landfill gas collected from the yard waste to become a renewable energy fuel source; (xi) The design and efficiency of the landfill gas collection system; (xii) A list of purchase power agreements that guarantee the collection and use of the landfill gas collected from the yard waste for energy conversion; and (xiii) Other information as may be required by the division. (C) Landfill gas recovered through the landfill gas-to-energy system shall be utilized for the generation of electricity or used as a substitute for conventional fuels.

(A) If authorized by the Division of Environmental Quality through a permit modification process including a public notice and comment period, yard waste may be accepted by a permitted solid waste landfill that operates a landfill gas-to-energy system for the recovery and use of landfill gas as a renewable energy fuel source.

(B) The division shall consider, at a minimum, the following before authorizing yard waste to be accepted by a solid waste landfill for disposal: (i) The number and types of permitted compost facilities accepting yard waste within the service areas of the solid waste landfill; (ii) The environmental impact of the proposed change in disposing of yard waste at a solid waste landfill instead of a permitted compost facility; (iii) The financial impact to each permitted compost facility located within the service area of the solid waste landfill; (iv) Whether the regional solid waste management board hosting the solid waste landfill and hosting a permitted compost facility within the solid waste landfill's service area supports the request; (v) The amount of yard waste the solid waste landfill intends to accept and the basis for estimating the volume of yard waste to be disposed in the solid waste landfill; (vi) The financial impact to residents and industry within the service area of the solid waste landfill; (vii) The location of the solid waste landfill; (viii) The location within the solid waste landfill for the placement of yard waste; (ix) The plans to offset the effects of disposing of yard waste on the volume reduction for municipal waste disposal; (x) A description and timeline for the landfill gas collected from the yard waste to become a renewable energy fuel source; (xi) The design and efficiency of the landfill gas collection system; (xii) A list of purchase power agreements that guarantee the collection and use of the landfill gas collected from the yard waste for energy conversion; and (xiii) Other information as may be required by the division.

(i) The number and types of permitted compost facilities accepting yard waste within the service areas of the solid waste landfill;

(ii) The environmental impact of the proposed change in disposing of yard waste at a solid waste landfill instead of a permitted compost facility;

(iii) The financial impact to each permitted compost facility located within the service area of the solid waste landfill;

(iv) Whether the regional solid waste management board hosting the solid waste landfill and hosting a permitted compost facility within the solid waste landfill's service area supports the request;

(v) The amount of yard waste the solid waste landfill intends to accept and the basis for estimating the volume of yard waste to be disposed in the solid waste landfill;

(vi) The financial impact to residents and industry within the service area of the solid waste landfill;

(vii) The location of the solid waste landfill;

(viii) The location within the solid waste landfill for the placement of yard waste;

(ix) The plans to offset the effects of disposing of yard waste on the volume reduction for municipal waste disposal;

(x) A description and timeline for the landfill gas collected from the yard waste to become a renewable energy fuel source;

(xi) The design and efficiency of the landfill gas collection system;

(xii) A list of purchase power agreements that guarantee the collection and use of the landfill gas collected from the yard waste for energy conversion; and

(xiii) Other information as may be required by the division.

(C) Landfill gas recovered through the landfill gas-to-energy system shall be utilized for the generation of electricity or used as a substitute for conventional fuels.

(b) (1) In addition to composting requirements for regional solid waste management districts set forth in § 8-6-719 , each district shall furnish yard waste reduction or usage and/or opportunities to ensure that its residents are provided with the availability to choose, based upon need by population or area, ways and means of usage, reduction, reuse, or composting of yard waste. (2) Such choices of yard waste reduction or usage shall be submitted to the division for approval and shall become an integral part of the district's solid waste management plan.

(1) In addition to composting requirements for regional solid waste management districts set forth in § 8-6-719 , each district shall furnish yard waste reduction or usage and/or opportunities to ensure that its residents are provided with the availability to choose, based upon need by population or area, ways and means of usage, reduction, reuse, or composting of yard waste.

(2) Such choices of yard waste reduction or usage shall be submitted to the division for approval and shall become an integral part of the district's solid waste management plan.

(c) As used in this section: (1) "Fugitive amounts of yard waste" means small quantities that escape the approved methods of usage, reduction, reuse, or composting of yard waste; (2) "Landfill gas-to-energy system" means the process of collecting, storing, and converting landfill gas to electricity for a direct fuel use or other use as a substitute for conventional fuels, including without limitation flaring for system testing, system maintenance, or proving capacity for an intended energy use; and (3) "Yard waste" means grass clippings, leaves, and shrubbery trimmings.

(1) "Fugitive amounts of yard waste" means small quantities that escape the approved methods of usage, reduction, reuse, or composting of yard waste;

(2) "Landfill gas-to-energy system" means the process of collecting, storing, and converting landfill gas to electricity for a direct fuel use or other use as a substitute for conventional fuels, including without limitation flaring for system testing, system maintenance, or proving capacity for an intended energy use; and

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

Amended by Act 2019, No. 910,§ 2612, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2611, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2610, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2609, eff. 7/1/2019.

Acts 1991, No. 751, § 4; 1993, No. 479, § 3; 1995, No. 547, § 6; 2009, No. 1220, § 1.
Ark. Code Ann. § 8-6-908 — AR Code / Title 8 / Chapter 6 / Subchapter 9 / Section 8-6-908
Licensing - Eligibility - Reciprocity
Status: in_force

(a) (1) The Director of the Division of Environmental Quality shall license and certify all applicants for licenses under this subchapter who satisfy the requirements of this subchapter and the rules issued pursuant thereto. (2) Licenses shall be granted according to the classifications of operator licenses established in the rules promulgated by the Arkansas Pollution Control and Ecology Commission. (3) Licenses shall be valid for a period of two (2) years and shall be renewable upon application if the applicant meets the renewal requirements established by commission rule. Provisional certificates shall be for a period of one (1) year, but may be extended if the director determines there is sufficient justification. (b) All operators of solid waste management facilities within the state shall apply to the Division of Environmental Quality for a license. (c) The director may, at his or her discretion, waive the requirements or any part of the requirements for formal examination of an applicant for a license if the applicant holds a substantially equivalent solid waste management facility operator's license issued by another state, territory, or district of the United States in accordance with the Arkansas Occupational Licensing of Uniformed Service Members, Veterans, and Spouses Act of 2021, § 17-4-101 et seq. (d) The director shall issue an apprenticeship license to operators-in-training as established under this subchapter and in rules promulgated by the commission. (e) The director may issue, at his or her discretion, a provisional certificate to any operator for just cause as established under this subchapter and in rules promulgated by the commission. Amended by Act 2023, No. 110,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 773,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 773,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 565, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 564, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2674, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2673, eff. 7/1/2019. Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1254, § 4.

(a) (1) The Director of the Division of Environmental Quality shall license and certify all applicants for licenses under this subchapter who satisfy the requirements of this subchapter and the rules issued pursuant thereto. (2) Licenses shall be granted according to the classifications of operator licenses established in the rules promulgated by the Arkansas Pollution Control and Ecology Commission. (3) Licenses shall be valid for a period of two (2) years and shall be renewable upon application if the applicant meets the renewal requirements established by commission rule. Provisional certificates shall be for a period of one (1) year, but may be extended if the director determines there is sufficient justification.

(1) The Director of the Division of Environmental Quality shall license and certify all applicants for licenses under this subchapter who satisfy the requirements of this subchapter and the rules issued pursuant thereto.

(2) Licenses shall be granted according to the classifications of operator licenses established in the rules promulgated by the Arkansas Pollution Control and Ecology Commission.

(3) Licenses shall be valid for a period of two (2) years and shall be renewable upon application if the applicant meets the renewal requirements established by commission rule. Provisional certificates shall be for a period of one (1) year, but may be extended if the director determines there is sufficient justification.

(b) All operators of solid waste management facilities within the state shall apply to the Division of Environmental Quality for a license.

(c) The director may, at his or her discretion, waive the requirements or any part of the requirements for formal examination of an applicant for a license if the applicant holds a substantially equivalent solid waste management facility operator's license issued by another state, territory, or district of the United States in accordance with the Arkansas Occupational Licensing of Uniformed Service Members, Veterans, and Spouses Act of 2021, § 17-4-101 et seq.

(d) The director shall issue an apprenticeship license to operators-in-training as established under this subchapter and in rules promulgated by the commission.

(e) The director may issue, at his or her discretion, a provisional certificate to any operator for just cause as established under this subchapter and in rules promulgated by the commission.

Amended by Act 2023, No. 110,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 773,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 773,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 565, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 564, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2674, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2673, eff. 7/1/2019.

Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1254, § 4.
Ark. Code Ann. § 8-7-706 — AR Code / Title 8 / Chapter 7 / Subchapter 7 / Section 8-7-706
Ad valorem tax exemption
Status: in_force

Upon initiation of a response action at a hazardous site, such hazardous site shall be appraised at no value for purposes of any ad valorem taxes levied by any state, county, or local governmental authority unless and until the Division of Environmental Quality issues an order wholly terminating the construction and use prohibitions established by § 8-7-705 . This section shall not apply to the interest in such hazardous site owned by any passive-site owner or its successors and assigns that have violated § 8-7-703(a) . Amended by Act 2019, No. 910,§ 2779, eff. 7/1/2019. Acts 1989, No. 350, § 7; 1999, No. 1164, § 104.

Upon initiation of a response action at a hazardous site, such hazardous site shall be appraised at no value for purposes of any ad valorem taxes levied by any state, county, or local governmental authority unless and until the Division of Environmental Quality issues an order wholly terminating the construction and use prohibitions established by § 8-7-705 . This section shall not apply to the interest in such hazardous site owned by any passive-site owner or its successors and assigns that have violated § 8-7-703(a) .

Amended by Act 2019, No. 910,§ 2779, eff. 7/1/2019.

Acts 1989, No. 350, § 7; 1999, No. 1164, § 104.
Ark. Code Ann. § 8-6-1204 — AR Code / Title 8 / Chapter 6 / Subchapter 12 / Section 8-6-1204
Powers and duties
Status: in_force

The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties: (1) To adopt rules to meet the purposes of this subchapter; (2) To adopt specific design and operational criteria for the operation of a monofill; (3) To adopt criteria for the disposal of petroleum-contaminated soils in landfills; and (4) To administer and enforce all laws and rules relating to this subchapter. Amended by Act 2019, No. 315,§ 572, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 571, eff. 7/24/2019. Acts 1991, No. 1183, § 3.

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

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

(2) To adopt specific design and operational criteria for the operation of a monofill;

(3) To adopt criteria for the disposal of petroleum-contaminated soils in landfills; and

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

Amended by Act 2019, No. 315,§ 572, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 571, eff. 7/24/2019.

Acts 1991, No. 1183, § 3.