Ark. Code Ann. § 8-3-103 — AR Code / Title 8 / Chapter 3 / Subchapter 1 / Section 8-3-103
Hydrogen sulfide emissions - Definition
Status: in_force

(a) Ambient Concentration Standard. (1) Except as provided in subsection (d) of this section, no person shall cause or permit emissions from any facility that result in predicted ambient hydrogen sulfide concentrations at any place beyond the facility's perimeter property boundary greater than eighty parts per billion (80 ppb) for any eight-hour averaging period for residential areas, or greater than one hundred parts per billion (100 ppb) for any eight-hour averaging period for nonresidential areas. (2) No person shall cause or permit emissions from any facility that result in actual ambient hydrogen sulfide concentrations at any place beyond the facility's perimeter property boundary greater than twenty parts per million (20 ppm) for any five-minute averaging period. (b) Method of Prediction. All estimates of ambient concentrations required under this section shall be performed by the Division of Environmental Quality or performed by the facility and approved by the division based on the facility's potential to emit hydrogen sulfide, the applicable air quality models, databases, and other requirements specified in the "Guideline on Air Quality Models (Revised)" (1986), supplement A (1987) and supplement B (1993). (c) Compliance Plan. (1) In the event the standard is predicted to be exceeded, the facility or facilities whose emissions are found to contribute to the excess shall be given a reasonable period of time to undertake measures to demonstrate compliance, such as a site-specific risk assessment that demonstrates that the emissions do not pose a risk to human health at the nearest public receptor, ambient monitoring that demonstrates that the standard is not being exceeded, or undertaking emission reduction measures to reduce emissions of hydrogen sulfide such that the standard will not be exceeded. (2) The compliance measures and schedule of compliance shall be stated in an enforceable settlement agreement or permit modification or, if the facility does not have an existing permit, an enforcement order. (d) Control Technology Requirements. (1) General Requirements. Rather than demonstrate compliance with the ambient limit contained in subsection (a) of this section, a facility may elect to install and operate or continue to operate appropriate control technology that addresses hydrogen sulfide emissions for that source or source category. (2) Determination of Appropriate Control Technology. (A) For purposes of this section, "appropriate hydrogen sulfide control technology" means control technology, operational practices, or some combination thereof, which will result in the lowest emissions of hydrogen sulfide that a particular facility is reasonably capable of meeting, considering technological and economic feasibility. (B) Compliance with all applicable portions of the following technology standards, in accordance with the schedule set forth in such standards, shall be deemed to be compliance with appropriate hydrogen sulfide control technology: (i) Maximum Achievable Control Technology Standards issued pursuant to § 112 of the Clean Air Act, 42 U.S.C. § 7412 , promulgated at 40 C.F.R. Part 63, when compliance with such standards will reduce hydrogen sulfide emissions; (ii) Standards of Performance for New Stationary Sources, promulgated at 40 C.F.R. Part 60 : (a) Standards of Performance for Petroleum Refineries, 40 C.F.R. Part 60, Subpart J; (b) Standards of Performance for Kraft Pulp Mills, 40 C.F.R. Part 60, Subpart BB; (c) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry, 40 C.F.R. Part 60, Subpart VV; (d) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries, 40 C.F.R. Part 60, Subpart GGG; (e) Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants, 40 C.F.R. Part 60, Subpart KKK; or (f) Standards of Performance for SO2 Emissions from Onshore Natural Gas Processing, 40 C.F.R. Part 60, Subpart LLL; or (iii) National Emission Standards for Hazardous Air Pollutants under Title III of the Clean Air Act, 42 U.S.C. § 7601 et seq., and standards of performance promulgated pursuant to § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) , when compliance with such standards will reduce hydrogen sulfide emissions. (C) A facility that is not subject to one (1) of the technology limits listed in subdivision (d)(2)(B) of this section and that wishes to apply appropriate hydrogen sulfide control technology may apply to the division for a determination of appropriateness at any time, but no later than ninety (90) days after a determination that the ambient standard has been exceeded. The application shall be made on such forms and contain such information as the division may require and shall include a reasonable time schedule for implementation. When making a determination of appropriateness, the division shall follow the procedures used for making permitting decisions, including public participation requirements. (D) The ambient standard shall not apply to the following facilities: (i) Natural gas pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of four parts per million (4 ppm); (ii) Natural gas gathering and production pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of thirty parts per million (30 ppm); (iii) Brine pipelines that carry natural gas as a byproduct of the brine; (iv) Wastewater treatment facilities; and (v) Oil and gas drilling and production operations and facilities from the wellhead to the custodial transfer meter as that term is defined by law. (e) The Oil and Gas Commission is hereby delegated the authority to set hydrogen sulfide standards for oil and gas drilling and production facilities from the wellhead to the custodial transfer meter. Amended by Act 2019, No. 910,§ 2453, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2452, eff. 7/1/2019. Acts 1999, No. 1136, § 1.

(a) Ambient Concentration Standard. (1) Except as provided in subsection (d) of this section, no person shall cause or permit emissions from any facility that result in predicted ambient hydrogen sulfide concentrations at any place beyond the facility's perimeter property boundary greater than eighty parts per billion (80 ppb) for any eight-hour averaging period for residential areas, or greater than one hundred parts per billion (100 ppb) for any eight-hour averaging period for nonresidential areas. (2) No person shall cause or permit emissions from any facility that result in actual ambient hydrogen sulfide concentrations at any place beyond the facility's perimeter property boundary greater than twenty parts per million (20 ppm) for any five-minute averaging period.

(1) Except as provided in subsection (d) of this section, no person shall cause or permit emissions from any facility that result in predicted ambient hydrogen sulfide concentrations at any place beyond the facility's perimeter property boundary greater than eighty parts per billion (80 ppb) for any eight-hour averaging period for residential areas, or greater than one hundred parts per billion (100 ppb) for any eight-hour averaging period for nonresidential areas.

(2) No person shall cause or permit emissions from any facility that result in actual ambient hydrogen sulfide concentrations at any place beyond the facility's perimeter property boundary greater than twenty parts per million (20 ppm) for any five-minute averaging period.

(b) Method of Prediction. All estimates of ambient concentrations required under this section shall be performed by the Division of Environmental Quality or performed by the facility and approved by the division based on the facility's potential to emit hydrogen sulfide, the applicable air quality models, databases, and other requirements specified in the "Guideline on Air Quality Models (Revised)" (1986), supplement A (1987) and supplement B (1993).

(c) Compliance Plan. (1) In the event the standard is predicted to be exceeded, the facility or facilities whose emissions are found to contribute to the excess shall be given a reasonable period of time to undertake measures to demonstrate compliance, such as a site-specific risk assessment that demonstrates that the emissions do not pose a risk to human health at the nearest public receptor, ambient monitoring that demonstrates that the standard is not being exceeded, or undertaking emission reduction measures to reduce emissions of hydrogen sulfide such that the standard will not be exceeded. (2) The compliance measures and schedule of compliance shall be stated in an enforceable settlement agreement or permit modification or, if the facility does not have an existing permit, an enforcement order.

(1) In the event the standard is predicted to be exceeded, the facility or facilities whose emissions are found to contribute to the excess shall be given a reasonable period of time to undertake measures to demonstrate compliance, such as a site-specific risk assessment that demonstrates that the emissions do not pose a risk to human health at the nearest public receptor, ambient monitoring that demonstrates that the standard is not being exceeded, or undertaking emission reduction measures to reduce emissions of hydrogen sulfide such that the standard will not be exceeded.

(2) The compliance measures and schedule of compliance shall be stated in an enforceable settlement agreement or permit modification or, if the facility does not have an existing permit, an enforcement order.

(d) Control Technology Requirements. (1) General Requirements. Rather than demonstrate compliance with the ambient limit contained in subsection (a) of this section, a facility may elect to install and operate or continue to operate appropriate control technology that addresses hydrogen sulfide emissions for that source or source category. (2) Determination of Appropriate Control Technology. (A) For purposes of this section, "appropriate hydrogen sulfide control technology" means control technology, operational practices, or some combination thereof, which will result in the lowest emissions of hydrogen sulfide that a particular facility is reasonably capable of meeting, considering technological and economic feasibility. (B) Compliance with all applicable portions of the following technology standards, in accordance with the schedule set forth in such standards, shall be deemed to be compliance with appropriate hydrogen sulfide control technology: (i) Maximum Achievable Control Technology Standards issued pursuant to § 112 of the Clean Air Act, 42 U.S.C. § 7412 , promulgated at 40 C.F.R. Part 63, when compliance with such standards will reduce hydrogen sulfide emissions; (ii) Standards of Performance for New Stationary Sources, promulgated at 40 C.F.R. Part 60 : (a) Standards of Performance for Petroleum Refineries, 40 C.F.R. Part 60, Subpart J; (b) Standards of Performance for Kraft Pulp Mills, 40 C.F.R. Part 60, Subpart BB; (c) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry, 40 C.F.R. Part 60, Subpart VV; (d) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries, 40 C.F.R. Part 60, Subpart GGG; (e) Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants, 40 C.F.R. Part 60, Subpart KKK; or (f) Standards of Performance for SO2 Emissions from Onshore Natural Gas Processing, 40 C.F.R. Part 60, Subpart LLL; or (iii) National Emission Standards for Hazardous Air Pollutants under Title III of the Clean Air Act, 42 U.S.C. § 7601 et seq., and standards of performance promulgated pursuant to § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) , when compliance with such standards will reduce hydrogen sulfide emissions. (C) A facility that is not subject to one (1) of the technology limits listed in subdivision (d)(2)(B) of this section and that wishes to apply appropriate hydrogen sulfide control technology may apply to the division for a determination of appropriateness at any time, but no later than ninety (90) days after a determination that the ambient standard has been exceeded. The application shall be made on such forms and contain such information as the division may require and shall include a reasonable time schedule for implementation. When making a determination of appropriateness, the division shall follow the procedures used for making permitting decisions, including public participation requirements. (D) The ambient standard shall not apply to the following facilities: (i) Natural gas pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of four parts per million (4 ppm); (ii) Natural gas gathering and production pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of thirty parts per million (30 ppm); (iii) Brine pipelines that carry natural gas as a byproduct of the brine; (iv) Wastewater treatment facilities; and (v) Oil and gas drilling and production operations and facilities from the wellhead to the custodial transfer meter as that term is defined by law.

(1) General Requirements. Rather than demonstrate compliance with the ambient limit contained in subsection (a) of this section, a facility may elect to install and operate or continue to operate appropriate control technology that addresses hydrogen sulfide emissions for that source or source category.

(2) Determination of Appropriate Control Technology. (A) For purposes of this section, "appropriate hydrogen sulfide control technology" means control technology, operational practices, or some combination thereof, which will result in the lowest emissions of hydrogen sulfide that a particular facility is reasonably capable of meeting, considering technological and economic feasibility. (B) Compliance with all applicable portions of the following technology standards, in accordance with the schedule set forth in such standards, shall be deemed to be compliance with appropriate hydrogen sulfide control technology: (i) Maximum Achievable Control Technology Standards issued pursuant to § 112 of the Clean Air Act, 42 U.S.C. § 7412 , promulgated at 40 C.F.R. Part 63, when compliance with such standards will reduce hydrogen sulfide emissions; (ii) Standards of Performance for New Stationary Sources, promulgated at 40 C.F.R. Part 60 : (a) Standards of Performance for Petroleum Refineries, 40 C.F.R. Part 60, Subpart J; (b) Standards of Performance for Kraft Pulp Mills, 40 C.F.R. Part 60, Subpart BB; (c) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry, 40 C.F.R. Part 60, Subpart VV; (d) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries, 40 C.F.R. Part 60, Subpart GGG; (e) Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants, 40 C.F.R. Part 60, Subpart KKK; or (f) Standards of Performance for SO2 Emissions from Onshore Natural Gas Processing, 40 C.F.R. Part 60, Subpart LLL; or (iii) National Emission Standards for Hazardous Air Pollutants under Title III of the Clean Air Act, 42 U.S.C. § 7601 et seq., and standards of performance promulgated pursuant to § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) , when compliance with such standards will reduce hydrogen sulfide emissions. (C) A facility that is not subject to one (1) of the technology limits listed in subdivision (d)(2)(B) of this section and that wishes to apply appropriate hydrogen sulfide control technology may apply to the division for a determination of appropriateness at any time, but no later than ninety (90) days after a determination that the ambient standard has been exceeded. The application shall be made on such forms and contain such information as the division may require and shall include a reasonable time schedule for implementation. When making a determination of appropriateness, the division shall follow the procedures used for making permitting decisions, including public participation requirements. (D) The ambient standard shall not apply to the following facilities: (i) Natural gas pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of four parts per million (4 ppm); (ii) Natural gas gathering and production pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of thirty parts per million (30 ppm); (iii) Brine pipelines that carry natural gas as a byproduct of the brine; (iv) Wastewater treatment facilities; and (v) Oil and gas drilling and production operations and facilities from the wellhead to the custodial transfer meter as that term is defined by law.

(A) For purposes of this section, "appropriate hydrogen sulfide control technology" means control technology, operational practices, or some combination thereof, which will result in the lowest emissions of hydrogen sulfide that a particular facility is reasonably capable of meeting, considering technological and economic feasibility.

(B) Compliance with all applicable portions of the following technology standards, in accordance with the schedule set forth in such standards, shall be deemed to be compliance with appropriate hydrogen sulfide control technology: (i) Maximum Achievable Control Technology Standards issued pursuant to § 112 of the Clean Air Act, 42 U.S.C. § 7412 , promulgated at 40 C.F.R. Part 63, when compliance with such standards will reduce hydrogen sulfide emissions; (ii) Standards of Performance for New Stationary Sources, promulgated at 40 C.F.R. Part 60 : (a) Standards of Performance for Petroleum Refineries, 40 C.F.R. Part 60, Subpart J; (b) Standards of Performance for Kraft Pulp Mills, 40 C.F.R. Part 60, Subpart BB; (c) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry, 40 C.F.R. Part 60, Subpart VV; (d) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries, 40 C.F.R. Part 60, Subpart GGG; (e) Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants, 40 C.F.R. Part 60, Subpart KKK; or (f) Standards of Performance for SO2 Emissions from Onshore Natural Gas Processing, 40 C.F.R. Part 60, Subpart LLL; or (iii) National Emission Standards for Hazardous Air Pollutants under Title III of the Clean Air Act, 42 U.S.C. § 7601 et seq., and standards of performance promulgated pursuant to § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) , when compliance with such standards will reduce hydrogen sulfide emissions.

(i) Maximum Achievable Control Technology Standards issued pursuant to § 112 of the Clean Air Act, 42 U.S.C. § 7412 , promulgated at 40 C.F.R. Part 63, when compliance with such standards will reduce hydrogen sulfide emissions;

(ii) Standards of Performance for New Stationary Sources, promulgated at 40 C.F.R. Part 60 : (a) Standards of Performance for Petroleum Refineries, 40 C.F.R. Part 60, Subpart J; (b) Standards of Performance for Kraft Pulp Mills, 40 C.F.R. Part 60, Subpart BB; (c) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry, 40 C.F.R. Part 60, Subpart VV; (d) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries, 40 C.F.R. Part 60, Subpart GGG; (e) Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants, 40 C.F.R. Part 60, Subpart KKK; or (f) Standards of Performance for SO2 Emissions from Onshore Natural Gas Processing, 40 C.F.R. Part 60, Subpart LLL; or

(a) Standards of Performance for Petroleum Refineries, 40 C.F.R. Part 60, Subpart J;

(b) Standards of Performance for Kraft Pulp Mills, 40 C.F.R. Part 60, Subpart BB;

(c) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry, 40 C.F.R. Part 60, Subpart VV;

(d) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries, 40 C.F.R. Part 60, Subpart GGG;

(e) Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants, 40 C.F.R. Part 60, Subpart KKK; or

(f) Standards of Performance for SO2 Emissions from Onshore Natural Gas Processing, 40 C.F.R. Part 60, Subpart LLL; or

(iii) National Emission Standards for Hazardous Air Pollutants under Title III of the Clean Air Act, 42 U.S.C. § 7601 et seq., and standards of performance promulgated pursuant to § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) , when compliance with such standards will reduce hydrogen sulfide emissions.

(C) A facility that is not subject to one (1) of the technology limits listed in subdivision (d)(2)(B) of this section and that wishes to apply appropriate hydrogen sulfide control technology may apply to the division for a determination of appropriateness at any time, but no later than ninety (90) days after a determination that the ambient standard has been exceeded. The application shall be made on such forms and contain such information as the division may require and shall include a reasonable time schedule for implementation. When making a determination of appropriateness, the division shall follow the procedures used for making permitting decisions, including public participation requirements.

(D) The ambient standard shall not apply to the following facilities: (i) Natural gas pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of four parts per million (4 ppm); (ii) Natural gas gathering and production pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of thirty parts per million (30 ppm); (iii) Brine pipelines that carry natural gas as a byproduct of the brine; (iv) Wastewater treatment facilities; and (v) Oil and gas drilling and production operations and facilities from the wellhead to the custodial transfer meter as that term is defined by law.

(i) Natural gas pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of four parts per million (4 ppm);

(ii) Natural gas gathering and production pipelines and related facilities that do not transmit gas with a concentration of hydrogen sulfide in excess of thirty parts per million (30 ppm);

(iii) Brine pipelines that carry natural gas as a byproduct of the brine;

(iv) Wastewater treatment facilities; and

(v) Oil and gas drilling and production operations and facilities from the wellhead to the custodial transfer meter as that term is defined by law.

(e) The Oil and Gas Commission is hereby delegated the authority to set hydrogen sulfide standards for oil and gas drilling and production facilities from the wellhead to the custodial transfer meter.

Amended by Act 2019, No. 910,§ 2453, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2452, eff. 7/1/2019.

Acts 1999, No. 1136, § 1.
Ark. Code Ann. § 8-10-205 — AR Code / Title 8 / Chapter 10 / Subchapter 2 / Section 8-10-205
Powers and duties
Status: in_force

The Governor shall designate the state agency or agencies which shall have the following powers and duties pursuant to this subchapter to: (1) Compile, organize, and make available for distribution information on pollution prevention technologies and procedures; (2) Compile and make available for distribution to business and industry a list of expert private consultants on pollution prevention technologies and procedures and a list of researchers at state universities providing assistance in pollution prevention activities; (3) Sponsor and conduct conferences and individualized workshops and seminars on pollution prevention for specific classes of business or industry; (4) Conduct feasibility analyses for innovative pollution prevention technologies and procedures; (5) Facilitate and promote the transfer of pollution prevention technologies and procedures between business and industries; (6) Develop, when appropriate, and distribute for voluntary implementation pollution prevention plans for the major classes of industry that generate and subsequently treat, store, or dispose of waste in the state; (7) Develop and make available for distribution recommended waste audit procedures and protocols for utilization by business and industry in conducting internal waste audits; (8) Provide on-site assistance upon request to business and industry for the purpose of identifying potential techniques for pollution prevention and assisting in conducting internal waste audits; (9) Compile and make available for distribution information on available tax benefits for the implementation of pollution prevention technologies and procedures by an industry or business; (10) Establish goals for voluntary waste reduction within the state, including the identification of key industries and businesses which should receive priority assistance; (11) Identify governmental and nongovernmental impediments to pollution prevention; (12) Develop the necessary information base and data collection programs to assist in establishing program priorities and evaluating the progress of reducing wastes; (13) Develop training programs and materials for state and local regulatory personnel and private industry designed to inform them about pollution prevention practices and their applicability to industry; (14) Participate in existing state, federal, and industrial networks of individuals and groups actively involved in pollution prevention activities; (15) Establish an award program for outstanding examples of success in pollution prevention and waste minimization; and (16) Publicize to business and industry and participate in and support waste exchange programs. Acts 1993, No. 1273, § 1.

The Governor shall designate the state agency or agencies which shall have the following powers and duties pursuant to this subchapter to:

(1) Compile, organize, and make available for distribution information on pollution prevention technologies and procedures;

(2) Compile and make available for distribution to business and industry a list of expert private consultants on pollution prevention technologies and procedures and a list of researchers at state universities providing assistance in pollution prevention activities;

(3) Sponsor and conduct conferences and individualized workshops and seminars on pollution prevention for specific classes of business or industry;

(4) Conduct feasibility analyses for innovative pollution prevention technologies and procedures;

(5) Facilitate and promote the transfer of pollution prevention technologies and procedures between business and industries;

(6) Develop, when appropriate, and distribute for voluntary implementation pollution prevention plans for the major classes of industry that generate and subsequently treat, store, or dispose of waste in the state;

(7) Develop and make available for distribution recommended waste audit procedures and protocols for utilization by business and industry in conducting internal waste audits;

(8) Provide on-site assistance upon request to business and industry for the purpose of identifying potential techniques for pollution prevention and assisting in conducting internal waste audits;

(9) Compile and make available for distribution information on available tax benefits for the implementation of pollution prevention technologies and procedures by an industry or business;

(10) Establish goals for voluntary waste reduction within the state, including the identification of key industries and businesses which should receive priority assistance;

(11) Identify governmental and nongovernmental impediments to pollution prevention;

(12) Develop the necessary information base and data collection programs to assist in establishing program priorities and evaluating the progress of reducing wastes;

(13) Develop training programs and materials for state and local regulatory personnel and private industry designed to inform them about pollution prevention practices and their applicability to industry;

(14) Participate in existing state, federal, and industrial networks of individuals and groups actively involved in pollution prevention activities;

(15) Establish an award program for outstanding examples of success in pollution prevention and waste minimization; and

(16) Publicize to business and industry and participate in and support waste exchange programs.

Acts 1993, No. 1273, § 1.
Ark. Code Ann. § 8-9-402 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-402
Definitions
Status: in_force

As used in this subchapter: (1) "Beneficial use" means using a tire or part of a tire: (A) To make another product; (B) To make a component material of another product; (C) As a substitute for a commercial product or material; or (D) As a component to produce an alternative fuel for commercial purposes; (2) (A) "Commercial generator" means a person who sells new tires or provides delivery of new tires as part of fleet services to any one (1) or more of the following: (i) A municipality; (ii) A county; (iii) A state agency; (iv) A federal agency; (v) A school district; (vi) A political subdivision of the state; or (vii) A person who in the ordinary course of business buys tires in bulk for use on commercial vehicles. (B) "Commercial generator" does not include a tire retailer; (3) "Electronic uniform used tire manifest system" means an administrative method developed by the Division of Environmental Quality under § 8-9-407 that: (A) Primarily uses an electronic application for the submission and management of information related to the generation, collection, transportation, distribution, and recycling, disposal, or resale of each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter; (B) Secondarily may allow submission of used tire data that is manifested using an equivalent paper documentation; and (C) Records the origin, date of collection, date of transfer, quantity, type, transporter, and destination for each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter; (4) (A) "Extra-large tire" means a tire that, due to its size or construction, is more difficult to process for recycling or disposal than a large tire and costs substantially more to process than a large tire. (B) "Extra-large tire" includes without limitation a tire used, capable of being used, or designed to be used on any of the following vehicles or equipment: (i) A skid steer loader; (ii) Excavation equipment; (iii) A farm implement, including without limitation a tractor; (iv) A backhoe; (v) A road grader; (vi) Industrial equipment; (vii) A skidder; or (viii) A heavy duty truck used off-road for mining. (C) "Extra-large tire" includes without limitation a wide-base tire or extra-wide single tire; (5) "Inter-district used tire program" means a program formed by agreement of two (2) or more regional solid waste management boards to pool resources of all regional solid waste management boards that are parties to the agreement for the administration of one (1) consolidated used tire program; (6) "Large tire" means a tire with a load rating of "F" or higher; (7) "Load rating" means the system of trade designations that identifies the weight-carrying capacity range of a tire; (8) (A) "Operator" means a person who performs a function that: (i) Requires individual judgment; and (ii) May directly affect the proper operation at one (1) or more of the following: (a) A tire collection center; (b) A tire processing facility; (c) A tire generator facility; or (d) A waste tire monofill. (B) "Operator" includes a person who performs a function at a waste tire site. (C) "Operator" does not include a person who exclusively exercises general administrative supervision; (9) "Owner" means a person who holds legal title to property where a tire collection center, tire processing facility, tire generator facility, waste tire monofill, waste tire site, or other waste tire facility exists; (10) "Person" means an individual, government entity, or any other entity that is recognized by law with rights and duties; (11) "Qualified entity" means an entity that demonstrates to the division that the entity has the capability, experience, and resources to operate and administer a used tire program in compliance with this subchapter; (12) "Recyclable tire" means a worn, damaged, or defective tire that is recycled because it is no longer repairable, reusable, or suitable for its original intended purpose; (13) "Recycle" means the systematic process of collecting, sorting, decontaminating, and returning waste materials to commerce as commodities for use, other beneficial use, or exchange; (14) (A) "Small tire" means a tire that has a load rating lower than "F". (B) "Small tire" includes a tire from any of the following vehicles: (i) An automobile; (ii) A motorcycle; or (iii) An all-terrain vehicle; (15) (A) "Tire" means any one (1) or more of the following: (i) A continuous, ring-shaped, removable cover made of solid rubber, pneumatic rubber, or semipneumatic rubber that is installed around a wheel rim; or (ii) Any other round piece of equipment that is attached or could be attached to a vehicle or aircraft and has a primary function of enabling surface mobility. (B) "Tire" does not include a solid wheel rim with an integral rubber covering or a tire used on a nonmotorized bicycle, golf cart, or lawn mower; (16) "Tire collection center" means a site where tires are collected from tire generators, tire transporters, or the public before being recycled or disposed of by a used tire program; (17) (A) "Tire generator" means a person who: (i) Removes tires from rims for disposal or resale; or (ii) Stores used tires on or in property owned, leased, or otherwise controlled by that person. (B) "Tire generator" includes without limitation: (i) A tire retailer; (ii) A tire wholesaler; (iii) A tire transporter; (iv) A tire manufacturer; (v) A manufacturer of retreaded tires; (vi) A new car dealer; (vii) A used car dealer; (viii) An auto repair shop; or (ix) A salvage yard. (C) "Tire generator" does not include a commercial generator; (18) "Tire manufacturer" means a manufacturing operation engaged in the final assembly of the basic components of a tire; (19) "Tire processing facility" means a site where equipment is used to cut, chip, grind, or otherwise alter used tires; (20) (A) "Tire retailer" means any one (1) or more of the following: (i) A person who is in the business of selling new tires, used tires, or both new tires and used tires to the end consumer; or (ii) A person who is in the business of or receives compensation for removing tires from rims. (B) "Tire retailer" does not include a person who sells tires to another person exclusively for the purpose of resale if the subsequent retail sale is subject to the fee imposed under § 8-9-404 or a commercial generator; (21) "Tire transporter" means a person who is in the business of or receives compensation for transferring used tires from one (1) location to another location for collection, storage, processing, recycling, disposal, reuse, or resale; (22) (A) "Used tire" means a tire that meets one (1) or more of the following criteria: (i) Is repairable or retreadable for its original intended purpose; (ii) Is reusable; (iii) Is recyclable; or (iv) Has been collected by a tire retailer or at a tire collection center operated under this subchapter. (B) "Used tire" includes without limitation a recyclable tire, waste tire, and used tire culled for resale. (C) "Used tire" does not include a tire being held for ninety (90) days or less for the purpose of retreading or repairing the tire; (23) "Used tire culled for resale" means a tire that is removed from the rim but is diverted from a tire collection center, tire processing facility, or tire transporter with the intention of selling for reuse; (24) "Used tire program" means a program that receives funding under this subchapter and is operated by: (A) A regional solid waste management board; or (B) An inter-district used tire program; (25) "Vehicle" means any piece of equipment that uses wheels for surface mobility; (26) "Waste tire" means a worn, damaged, or defective tire that is land disposed because it is no longer repairable, reusable, or suitable for its original intended purpose; (27) (A) "Waste tire site" means a location where unpermitted used tires are accumulated, whether loosely stored, compacted and baled, or a combination of both loosely stored and compacted and baled. (B) "Waste tire site" does not include: (i) A location where only new tires are stored; or (ii) A location that is authorized to store tires by the division or rules promulgated by the Arkansas Pollution Control and Ecology Commission; (28) "Waste tires originating from a tire manufacturer" means those new tires that originate from a tire assembly process and are determined by the tire manufacturer to be either defective or unfit for use on a vehicle; and (29) "Wide-base tire" or "extra-wide single tire" means a tire approximately four hundred fifty-five millimeters (455 mm) wide that is used on a vehicle in which the front axle load exceeds the load capacity of a truck tire. Amended by Act 2019, No. 315,§ 686, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 980,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2864, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2863, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2862, eff. 7/1/2019. Amended by Act 2017, No. 317,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 840,§ 1, eff. 7/22/2015. Acts 1991, No. 749, § 1; 1993, No. 518, § 1; 1995, No. 1315, § 1; 1997, No. 1292, § 1; 1999, No. 1164, § 112; 2003, No. 1304, § 1; 2011, No. 744, § 1.

As used in this subchapter:

(1) "Beneficial use" means using a tire or part of a tire: (A) To make another product; (B) To make a component material of another product; (C) As a substitute for a commercial product or material; or (D) As a component to produce an alternative fuel for commercial purposes;

(A) To make another product;

(B) To make a component material of another product;

(C) As a substitute for a commercial product or material; or

(D) As a component to produce an alternative fuel for commercial purposes;

(2) (A) "Commercial generator" means a person who sells new tires or provides delivery of new tires as part of fleet services to any one (1) or more of the following: (i) A municipality; (ii) A county; (iii) A state agency; (iv) A federal agency; (v) A school district; (vi) A political subdivision of the state; or (vii) A person who in the ordinary course of business buys tires in bulk for use on commercial vehicles. (B) "Commercial generator" does not include a tire retailer;

(A) "Commercial generator" means a person who sells new tires or provides delivery of new tires as part of fleet services to any one (1) or more of the following: (i) A municipality; (ii) A county; (iii) A state agency; (iv) A federal agency; (v) A school district; (vi) A political subdivision of the state; or (vii) A person who in the ordinary course of business buys tires in bulk for use on commercial vehicles.

(i) A municipality;

(ii) A county;

(iii) A state agency;

(iv) A federal agency;

(v) A school district;

(vi) A political subdivision of the state; or

(vii) A person who in the ordinary course of business buys tires in bulk for use on commercial vehicles.

(B) "Commercial generator" does not include a tire retailer;

(3) "Electronic uniform used tire manifest system" means an administrative method developed by the Division of Environmental Quality under § 8-9-407 that: (A) Primarily uses an electronic application for the submission and management of information related to the generation, collection, transportation, distribution, and recycling, disposal, or resale of each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter; (B) Secondarily may allow submission of used tire data that is manifested using an equivalent paper documentation; and (C) Records the origin, date of collection, date of transfer, quantity, type, transporter, and destination for each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter;

(A) Primarily uses an electronic application for the submission and management of information related to the generation, collection, transportation, distribution, and recycling, disposal, or resale of each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter;

(B) Secondarily may allow submission of used tire data that is manifested using an equivalent paper documentation; and

(C) Records the origin, date of collection, date of transfer, quantity, type, transporter, and destination for each recyclable tire, waste tire, and used tire culled for resale regulated under this subchapter;

(4) (A) "Extra-large tire" means a tire that, due to its size or construction, is more difficult to process for recycling or disposal than a large tire and costs substantially more to process than a large tire. (B) "Extra-large tire" includes without limitation a tire used, capable of being used, or designed to be used on any of the following vehicles or equipment: (i) A skid steer loader; (ii) Excavation equipment; (iii) A farm implement, including without limitation a tractor; (iv) A backhoe; (v) A road grader; (vi) Industrial equipment; (vii) A skidder; or (viii) A heavy duty truck used off-road for mining. (C) "Extra-large tire" includes without limitation a wide-base tire or extra-wide single tire;

(A) "Extra-large tire" means a tire that, due to its size or construction, is more difficult to process for recycling or disposal than a large tire and costs substantially more to process than a large tire.

(B) "Extra-large tire" includes without limitation a tire used, capable of being used, or designed to be used on any of the following vehicles or equipment: (i) A skid steer loader; (ii) Excavation equipment; (iii) A farm implement, including without limitation a tractor; (iv) A backhoe; (v) A road grader; (vi) Industrial equipment; (vii) A skidder; or (viii) A heavy duty truck used off-road for mining.

(i) A skid steer loader;

(ii) Excavation equipment;

(iii) A farm implement, including without limitation a tractor;

(iv) A backhoe;

(v) A road grader;

(vi) Industrial equipment;

(vii) A skidder; or

(viii) A heavy duty truck used off-road for mining.

(C) "Extra-large tire" includes without limitation a wide-base tire or extra-wide single tire;

(5) "Inter-district used tire program" means a program formed by agreement of two (2) or more regional solid waste management boards to pool resources of all regional solid waste management boards that are parties to the agreement for the administration of one (1) consolidated used tire program;

(6) "Large tire" means a tire with a load rating of "F" or higher;

(7) "Load rating" means the system of trade designations that identifies the weight-carrying capacity range of a tire;

(8) (A) "Operator" means a person who performs a function that: (i) Requires individual judgment; and (ii) May directly affect the proper operation at one (1) or more of the following: (a) A tire collection center; (b) A tire processing facility; (c) A tire generator facility; or (d) A waste tire monofill. (B) "Operator" includes a person who performs a function at a waste tire site. (C) "Operator" does not include a person who exclusively exercises general administrative supervision;

(A) "Operator" means a person who performs a function that: (i) Requires individual judgment; and (ii) May directly affect the proper operation at one (1) or more of the following: (a) A tire collection center; (b) A tire processing facility; (c) A tire generator facility; or (d) A waste tire monofill.

(i) Requires individual judgment; and

(ii) May directly affect the proper operation at one (1) or more of the following: (a) A tire collection center; (b) A tire processing facility; (c) A tire generator facility; or (d) A waste tire monofill.

(a) A tire collection center;

(b) A tire processing facility;

(c) A tire generator facility; or

(d) A waste tire monofill.

(B) "Operator" includes a person who performs a function at a waste tire site.

(C) "Operator" does not include a person who exclusively exercises general administrative supervision;

(9) "Owner" means a person who holds legal title to property where a tire collection center, tire processing facility, tire generator facility, waste tire monofill, waste tire site, or other waste tire facility exists;

(10) "Person" means an individual, government entity, or any other entity that is recognized by law with rights and duties;

(11) "Qualified entity" means an entity that demonstrates to the division that the entity has the capability, experience, and resources to operate and administer a used tire program in compliance with this subchapter;

(12) "Recyclable tire" means a worn, damaged, or defective tire that is recycled because it is no longer repairable, reusable, or suitable for its original intended purpose;

(13) "Recycle" means the systematic process of collecting, sorting, decontaminating, and returning waste materials to commerce as commodities for use, other beneficial use, or exchange;

(14) (A) "Small tire" means a tire that has a load rating lower than "F". (B) "Small tire" includes a tire from any of the following vehicles: (i) An automobile; (ii) A motorcycle; or (iii) An all-terrain vehicle;

(A) "Small tire" means a tire that has a load rating lower than "F".

(B) "Small tire" includes a tire from any of the following vehicles: (i) An automobile; (ii) A motorcycle; or (iii) An all-terrain vehicle;

(i) An automobile;

(ii) A motorcycle; or

(iii) An all-terrain vehicle;

(15) (A) "Tire" means any one (1) or more of the following: (i) A continuous, ring-shaped, removable cover made of solid rubber, pneumatic rubber, or semipneumatic rubber that is installed around a wheel rim; or (ii) Any other round piece of equipment that is attached or could be attached to a vehicle or aircraft and has a primary function of enabling surface mobility. (B) "Tire" does not include a solid wheel rim with an integral rubber covering or a tire used on a nonmotorized bicycle, golf cart, or lawn mower;

(A) "Tire" means any one (1) or more of the following: (i) A continuous, ring-shaped, removable cover made of solid rubber, pneumatic rubber, or semipneumatic rubber that is installed around a wheel rim; or (ii) Any other round piece of equipment that is attached or could be attached to a vehicle or aircraft and has a primary function of enabling surface mobility.

(i) A continuous, ring-shaped, removable cover made of solid rubber, pneumatic rubber, or semipneumatic rubber that is installed around a wheel rim; or

(ii) Any other round piece of equipment that is attached or could be attached to a vehicle or aircraft and has a primary function of enabling surface mobility.

(B) "Tire" does not include a solid wheel rim with an integral rubber covering or a tire used on a nonmotorized bicycle, golf cart, or lawn mower;

(16) "Tire collection center" means a site where tires are collected from tire generators, tire transporters, or the public before being recycled or disposed of by a used tire program;

(17) (A) "Tire generator" means a person who: (i) Removes tires from rims for disposal or resale; or (ii) Stores used tires on or in property owned, leased, or otherwise controlled by that person. (B) "Tire generator" includes without limitation: (i) A tire retailer; (ii) A tire wholesaler; (iii) A tire transporter; (iv) A tire manufacturer; (v) A manufacturer of retreaded tires; (vi) A new car dealer; (vii) A used car dealer; (viii) An auto repair shop; or (ix) A salvage yard. (C) "Tire generator" does not include a commercial generator;

(A) "Tire generator" means a person who: (i) Removes tires from rims for disposal or resale; or (ii) Stores used tires on or in property owned, leased, or otherwise controlled by that person.

(i) Removes tires from rims for disposal or resale; or

(ii) Stores used tires on or in property owned, leased, or otherwise controlled by that person.

(B) "Tire generator" includes without limitation: (i) A tire retailer; (ii) A tire wholesaler; (iii) A tire transporter; (iv) A tire manufacturer; (v) A manufacturer of retreaded tires; (vi) A new car dealer; (vii) A used car dealer; (viii) An auto repair shop; or (ix) A salvage yard.

(i) A tire retailer;

(ii) A tire wholesaler;

(iii) A tire transporter;

(iv) A tire manufacturer;

(v) A manufacturer of retreaded tires;

(vi) A new car dealer;

(vii) A used car dealer;

(viii) An auto repair shop; or

(ix) A salvage yard.

(C) "Tire generator" does not include a commercial generator;

(18) "Tire manufacturer" means a manufacturing operation engaged in the final assembly of the basic components of a tire;

(19) "Tire processing facility" means a site where equipment is used to cut, chip, grind, or otherwise alter used tires;

(20) (A) "Tire retailer" means any one (1) or more of the following: (i) A person who is in the business of selling new tires, used tires, or both new tires and used tires to the end consumer; or (ii) A person who is in the business of or receives compensation for removing tires from rims. (B) "Tire retailer" does not include a person who sells tires to another person exclusively for the purpose of resale if the subsequent retail sale is subject to the fee imposed under § 8-9-404 or a commercial generator;

(A) "Tire retailer" means any one (1) or more of the following: (i) A person who is in the business of selling new tires, used tires, or both new tires and used tires to the end consumer; or (ii) A person who is in the business of or receives compensation for removing tires from rims.

(i) A person who is in the business of selling new tires, used tires, or both new tires and used tires to the end consumer; or

(ii) A person who is in the business of or receives compensation for removing tires from rims.

(B) "Tire retailer" does not include a person who sells tires to another person exclusively for the purpose of resale if the subsequent retail sale is subject to the fee imposed under § 8-9-404 or a commercial generator;

(21) "Tire transporter" means a person who is in the business of or receives compensation for transferring used tires from one (1) location to another location for collection, storage, processing, recycling, disposal, reuse, or resale;

(22) (A) "Used tire" means a tire that meets one (1) or more of the following criteria: (i) Is repairable or retreadable for its original intended purpose; (ii) Is reusable; (iii) Is recyclable; or (iv) Has been collected by a tire retailer or at a tire collection center operated under this subchapter. (B) "Used tire" includes without limitation a recyclable tire, waste tire, and used tire culled for resale. (C) "Used tire" does not include a tire being held for ninety (90) days or less for the purpose of retreading or repairing the tire;

(A) "Used tire" means a tire that meets one (1) or more of the following criteria: (i) Is repairable or retreadable for its original intended purpose; (ii) Is reusable; (iii) Is recyclable; or (iv) Has been collected by a tire retailer or at a tire collection center operated under this subchapter.

(i) Is repairable or retreadable for its original intended purpose;

(ii) Is reusable;

(iii) Is recyclable; or

(iv) Has been collected by a tire retailer or at a tire collection center operated under this subchapter.

(B) "Used tire" includes without limitation a recyclable tire, waste tire, and used tire culled for resale.

(C) "Used tire" does not include a tire being held for ninety (90) days or less for the purpose of retreading or repairing the tire;

(23) "Used tire culled for resale" means a tire that is removed from the rim but is diverted from a tire collection center, tire processing facility, or tire transporter with the intention of selling for reuse;

(24) "Used tire program" means a program that receives funding under this subchapter and is operated by: (A) A regional solid waste management board; or (B) An inter-district used tire program;

(A) A regional solid waste management board; or

(B) An inter-district used tire program;

(25) "Vehicle" means any piece of equipment that uses wheels for surface mobility;

(26) "Waste tire" means a worn, damaged, or defective tire that is land disposed because it is no longer repairable, reusable, or suitable for its original intended purpose;

(27) (A) "Waste tire site" means a location where unpermitted used tires are accumulated, whether loosely stored, compacted and baled, or a combination of both loosely stored and compacted and baled. (B) "Waste tire site" does not include: (i) A location where only new tires are stored; or (ii) A location that is authorized to store tires by the division or rules promulgated by the Arkansas Pollution Control and Ecology Commission;

(A) "Waste tire site" means a location where unpermitted used tires are accumulated, whether loosely stored, compacted and baled, or a combination of both loosely stored and compacted and baled.

(B) "Waste tire site" does not include: (i) A location where only new tires are stored; or (ii) A location that is authorized to store tires by the division or rules promulgated by the Arkansas Pollution Control and Ecology Commission;

(i) A location where only new tires are stored; or

(ii) A location that is authorized to store tires by the division or rules promulgated by the Arkansas Pollution Control and Ecology Commission;

(28) "Waste tires originating from a tire manufacturer" means those new tires that originate from a tire assembly process and are determined by the tire manufacturer to be either defective or unfit for use on a vehicle; and

(29) "Wide-base tire" or "extra-wide single tire" means a tire approximately four hundred fifty-five millimeters (455 mm) wide that is used on a vehicle in which the front axle load exceeds the load capacity of a truck tire.

Amended by Act 2019, No. 315,§ 686, eff. 7/24/2019.

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

Amended by Act 2019, No. 980,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 980,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 980,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 980,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 980,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2864, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2863, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2862, eff. 7/1/2019.

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

Amended by Act 2015, No. 840,§ 1, eff. 7/22/2015.

Acts 1991, No. 749, § 1; 1993, No. 518, § 1; 1995, No. 1315, § 1; 1997, No. 1292, § 1; 1999, No. 1164, § 112; 2003, No. 1304, § 1; 2011, No. 744, § 1.
Ark. Code Ann. § 8-9-604 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-604
Mercury minimization plan
Status: in_force

(a) Every manufacturer of vehicles sold within this state, individually or as part of a group, shall develop in consultation with the Division of Environmental Quality a mercury minimization plan prepared pursuant to this section and shall submit the mercury minimization plan to the Director of the Division of Environmental Quality for review and approval pursuant to § 8-9-605 . (b) The mercury minimization plan prepared and submitted pursuant to this section shall include the following at a minimum: (1) (A) Information identifying the make, model, and year of vehicles, including current or anticipated future production models that may contain one (1) or more mercury switches, a description of the mercury switches, a system to mark vehicles to be processed for shredding or crushing to indicate the presence or absence of mercury switches, the location of these mercury switches, and the safe and environmentally sound methods for removal of mercury switches from end-of-life vehicles. (B) To the extent a manufacturer is uncertain as to the content of a switch installed during the manufacture of a vehicle, the mercury minimization plan shall presume that the switch is a mercury switch; (2) Educational materials to assist a vehicle recycler or a scrap recycling facility in undertaking a safe and environmentally sound method for the removal of the mercury switches from end-of-life vehicles, including information on the hazards related to mercury and the proper handling of mercury; (3) A proposal for the method of storage or disposal of the mercury switches, including the method of packaging and shipping mercury switches to authorized recycling, storage, or disposal facilities; (4) A proposal for the storage of mercury switches collected and recovered from end-of-life vehicles if environmentally appropriate management technologies are not available; and (5) A plan for implementing and financing the system in accordance with subsection (d) of this section. (c) To the extent practicable, a mercury minimization plan shall use the existing end-of-life vehicle recycling infrastructure. If the existing end-of-life vehicle recycling infrastructure is not used, the mercury minimization plan shall include the reasons for establishing a separate infrastructure. (d) (1) A mercury minimization plan shall provide for the financing of the removal, collection, and recovery system for mercury switches installed in vehicles manufactured by the manufacturer and its predecessors and affiliates as provided in this subsection. (2) These costs shall be borne by the manufacturers of vehicles sold in the state, ensuring that additional financial burdens are not placed on automobile dealers or businesses dealing with end-of-life vehicles. The manufacturers shall develop a method that ensures the prompt payment to vehicle recyclers, scrap recycling facilities, and the division for costs associated with mercury switch removal and disposal. Costs shall include, but not be limited to, the following: (A) A minimum of five dollars ($5.00) for each mercury switch removed by a vehicle recycler pursuant to § 8-9-606(a) as partial compensation for the labor and other costs incurred by a vehicle recycler in the removal of the mercury switch; (B) A minimum of five dollars ($5.00) for each mercury switch removed by a scrap recycling facility pursuant to § 8-9-606(b) as partial compensation for the labor and other costs incurred by a scrap recycling facility in the removal of the mercury switch; (C) One dollar ($1.00) for each mercury switch removed by a vehicle recycler pursuant to § 8-9-606(a) or by a scrap recycling facility pursuant to § 8-9-606(b) as partial compensation to the division for costs incurred in administering and enforcing the provisions of this subchapter; (D) Packaging in which to transport mercury switches to recycling, storage, or disposal facilities; (E) Shipping of mercury switches to recycling, storage, or disposal facilities; (F) Recycling, storage, or disposal of the mercury switches; (G) The preparation and distribution to vehicle recyclers and scrap recycling facilities of the educational materials required pursuant to subdivision (b)(2) of this section; and (H) Maintenance of all appropriate record-keeping systems. (e) Every manufacturer of vehicles sold within the state, individually or as part of a group, shall provide to vehicle recyclers and scrap recycling facilities containers suitable for storing mercury switches until such time that vehicle recyclers and scrap recycling facilities can be reimbursed pursuant to this section. (f) Manufacturers of vehicles sold within the state shall provide vehicle recyclers or scrap recycling facilities with reimbursement for each mercury switch in the amount established pursuant to this section regardless of when these mercury switches were removed from the vehicles if the vehicle recyclers or scrap recycling facilities maintain the records required by § 8-9-606 . (g) Manufacturers shall indemnify, defend, and hold harmless vehicle recyclers and scrap recycling facilities for any liabilities arising from the release of the mercury from the mercury-added components after the components are transferred to the manufacturer or its agent or contractor. Amended by Act 2019, No. 693,§ 44, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 43, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2994, eff. 7/1/2019. Acts 2005, No. 649, § 1.

(a) Every manufacturer of vehicles sold within this state, individually or as part of a group, shall develop in consultation with the Division of Environmental Quality a mercury minimization plan prepared pursuant to this section and shall submit the mercury minimization plan to the Director of the Division of Environmental Quality for review and approval pursuant to § 8-9-605 .

(b) The mercury minimization plan prepared and submitted pursuant to this section shall include the following at a minimum: (1) (A) Information identifying the make, model, and year of vehicles, including current or anticipated future production models that may contain one (1) or more mercury switches, a description of the mercury switches, a system to mark vehicles to be processed for shredding or crushing to indicate the presence or absence of mercury switches, the location of these mercury switches, and the safe and environmentally sound methods for removal of mercury switches from end-of-life vehicles. (B) To the extent a manufacturer is uncertain as to the content of a switch installed during the manufacture of a vehicle, the mercury minimization plan shall presume that the switch is a mercury switch; (2) Educational materials to assist a vehicle recycler or a scrap recycling facility in undertaking a safe and environmentally sound method for the removal of the mercury switches from end-of-life vehicles, including information on the hazards related to mercury and the proper handling of mercury; (3) A proposal for the method of storage or disposal of the mercury switches, including the method of packaging and shipping mercury switches to authorized recycling, storage, or disposal facilities; (4) A proposal for the storage of mercury switches collected and recovered from end-of-life vehicles if environmentally appropriate management technologies are not available; and (5) A plan for implementing and financing the system in accordance with subsection (d) of this section.

(1) (A) Information identifying the make, model, and year of vehicles, including current or anticipated future production models that may contain one (1) or more mercury switches, a description of the mercury switches, a system to mark vehicles to be processed for shredding or crushing to indicate the presence or absence of mercury switches, the location of these mercury switches, and the safe and environmentally sound methods for removal of mercury switches from end-of-life vehicles. (B) To the extent a manufacturer is uncertain as to the content of a switch installed during the manufacture of a vehicle, the mercury minimization plan shall presume that the switch is a mercury switch;

(A) Information identifying the make, model, and year of vehicles, including current or anticipated future production models that may contain one (1) or more mercury switches, a description of the mercury switches, a system to mark vehicles to be processed for shredding or crushing to indicate the presence or absence of mercury switches, the location of these mercury switches, and the safe and environmentally sound methods for removal of mercury switches from end-of-life vehicles.

(B) To the extent a manufacturer is uncertain as to the content of a switch installed during the manufacture of a vehicle, the mercury minimization plan shall presume that the switch is a mercury switch;

(2) Educational materials to assist a vehicle recycler or a scrap recycling facility in undertaking a safe and environmentally sound method for the removal of the mercury switches from end-of-life vehicles, including information on the hazards related to mercury and the proper handling of mercury;

(3) A proposal for the method of storage or disposal of the mercury switches, including the method of packaging and shipping mercury switches to authorized recycling, storage, or disposal facilities;

(4) A proposal for the storage of mercury switches collected and recovered from end-of-life vehicles if environmentally appropriate management technologies are not available; and

(5) A plan for implementing and financing the system in accordance with subsection (d) of this section.

(c) To the extent practicable, a mercury minimization plan shall use the existing end-of-life vehicle recycling infrastructure. If the existing end-of-life vehicle recycling infrastructure is not used, the mercury minimization plan shall include the reasons for establishing a separate infrastructure.

(d) (1) A mercury minimization plan shall provide for the financing of the removal, collection, and recovery system for mercury switches installed in vehicles manufactured by the manufacturer and its predecessors and affiliates as provided in this subsection. (2) These costs shall be borne by the manufacturers of vehicles sold in the state, ensuring that additional financial burdens are not placed on automobile dealers or businesses dealing with end-of-life vehicles. The manufacturers shall develop a method that ensures the prompt payment to vehicle recyclers, scrap recycling facilities, and the division for costs associated with mercury switch removal and disposal. Costs shall include, but not be limited to, the following: (A) A minimum of five dollars ($5.00) for each mercury switch removed by a vehicle recycler pursuant to § 8-9-606(a) as partial compensation for the labor and other costs incurred by a vehicle recycler in the removal of the mercury switch; (B) A minimum of five dollars ($5.00) for each mercury switch removed by a scrap recycling facility pursuant to § 8-9-606(b) as partial compensation for the labor and other costs incurred by a scrap recycling facility in the removal of the mercury switch; (C) One dollar ($1.00) for each mercury switch removed by a vehicle recycler pursuant to § 8-9-606(a) or by a scrap recycling facility pursuant to § 8-9-606(b) as partial compensation to the division for costs incurred in administering and enforcing the provisions of this subchapter; (D) Packaging in which to transport mercury switches to recycling, storage, or disposal facilities; (E) Shipping of mercury switches to recycling, storage, or disposal facilities; (F) Recycling, storage, or disposal of the mercury switches; (G) The preparation and distribution to vehicle recyclers and scrap recycling facilities of the educational materials required pursuant to subdivision (b)(2) of this section; and (H) Maintenance of all appropriate record-keeping systems.

(1) A mercury minimization plan shall provide for the financing of the removal, collection, and recovery system for mercury switches installed in vehicles manufactured by the manufacturer and its predecessors and affiliates as provided in this subsection.

(2) These costs shall be borne by the manufacturers of vehicles sold in the state, ensuring that additional financial burdens are not placed on automobile dealers or businesses dealing with end-of-life vehicles. The manufacturers shall develop a method that ensures the prompt payment to vehicle recyclers, scrap recycling facilities, and the division for costs associated with mercury switch removal and disposal. Costs shall include, but not be limited to, the following: (A) A minimum of five dollars ($5.00) for each mercury switch removed by a vehicle recycler pursuant to § 8-9-606(a) as partial compensation for the labor and other costs incurred by a vehicle recycler in the removal of the mercury switch; (B) A minimum of five dollars ($5.00) for each mercury switch removed by a scrap recycling facility pursuant to § 8-9-606(b) as partial compensation for the labor and other costs incurred by a scrap recycling facility in the removal of the mercury switch; (C) One dollar ($1.00) for each mercury switch removed by a vehicle recycler pursuant to § 8-9-606(a) or by a scrap recycling facility pursuant to § 8-9-606(b) as partial compensation to the division for costs incurred in administering and enforcing the provisions of this subchapter; (D) Packaging in which to transport mercury switches to recycling, storage, or disposal facilities; (E) Shipping of mercury switches to recycling, storage, or disposal facilities; (F) Recycling, storage, or disposal of the mercury switches; (G) The preparation and distribution to vehicle recyclers and scrap recycling facilities of the educational materials required pursuant to subdivision (b)(2) of this section; and (H) Maintenance of all appropriate record-keeping systems.

(A) A minimum of five dollars ($5.00) for each mercury switch removed by a vehicle recycler pursuant to § 8-9-606(a) as partial compensation for the labor and other costs incurred by a vehicle recycler in the removal of the mercury switch;

(B) A minimum of five dollars ($5.00) for each mercury switch removed by a scrap recycling facility pursuant to § 8-9-606(b) as partial compensation for the labor and other costs incurred by a scrap recycling facility in the removal of the mercury switch;

(C) One dollar ($1.00) for each mercury switch removed by a vehicle recycler pursuant to § 8-9-606(a) or by a scrap recycling facility pursuant to § 8-9-606(b) as partial compensation to the division for costs incurred in administering and enforcing the provisions of this subchapter;

(D) Packaging in which to transport mercury switches to recycling, storage, or disposal facilities;

(E) Shipping of mercury switches to recycling, storage, or disposal facilities;

(F) Recycling, storage, or disposal of the mercury switches;

(G) The preparation and distribution to vehicle recyclers and scrap recycling facilities of the educational materials required pursuant to subdivision (b)(2) of this section; and

(H) Maintenance of all appropriate record-keeping systems.

(e) Every manufacturer of vehicles sold within the state, individually or as part of a group, shall provide to vehicle recyclers and scrap recycling facilities containers suitable for storing mercury switches until such time that vehicle recyclers and scrap recycling facilities can be reimbursed pursuant to this section.

(f) Manufacturers of vehicles sold within the state shall provide vehicle recyclers or scrap recycling facilities with reimbursement for each mercury switch in the amount established pursuant to this section regardless of when these mercury switches were removed from the vehicles if the vehicle recyclers or scrap recycling facilities maintain the records required by § 8-9-606 .

(g) Manufacturers shall indemnify, defend, and hold harmless vehicle recyclers and scrap recycling facilities for any liabilities arising from the release of the mercury from the mercury-added components after the components are transferred to the manufacturer or its agent or contractor.

Amended by Act 2019, No. 693,§ 44, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 43, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2994, eff. 7/1/2019.

Acts 2005, No. 649, § 1.
Ark. Code Ann. § 8-7-701 — AR Code / Title 8 / Chapter 7 / Subchapter 7 / Section 8-7-701
Legislative intent
Status: in_force

The purpose of this subchapter is to encourage response actions at federally listed hazardous sites, to facilitate agreements related to property access and use to implement response actions at federally listed hazardous sites, to discourage activities that interfere with or obstruct such response actions, and to provide for the future use of federally listed hazardous sites after remediation. Acts 1989, No. 350, § 1.

The purpose of this subchapter is to encourage response actions at federally listed hazardous sites, to facilitate agreements related to property access and use to implement response actions at federally listed hazardous sites, to discourage activities that interfere with or obstruct such response actions, and to provide for the future use of federally listed hazardous sites after remediation.

Acts 1989, No. 350, § 1.
Ark. Code Ann. § 8-6-1504 — AR Code / Title 8 / Chapter 6 / Subchapter 15 / Section 8-6-1504
Presumption against certain sites
Status: in_force

(a) (1) There shall be a rebuttable presumption against permitting the construction or operation of any high impact solid waste management facility, as defined in this subchapter, within twelve (12) miles of any existing high impact solid waste management facility. (2) This presumption shall be honored by the Division of Environmental Quality, the regional solid waste management board with jurisdiction over the site, and any other governmental entity with permitting or zoning authority concerning any facility. (b) The presumption in subsection (a) of this section can be rebutted if any of the following is shown: (1) That no other suitable site for such a high impact solid waste management facility is available within the regional solid waste management district because of the restraints of geology or any other factors listed at § 8-6-706(b)(2) ; or (2) (A) That incentives have prompted the host community to accept the siting of the high impact solid waste management facility. (B) Such incentives may include, without limitation: (i) Increased employment opportunities; (ii) Reasonable host fees not to exceed the prevailing state average; (iii) Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control; (iv) Compensation to adjacent individual landowners for any assessed decrease in property values; or (v) Subsidization of community services. Amended by Act 2019, No. 910,§ 2696, eff. 7/1/2019. Acts 1993, No. 1263, § 3; 1999, No. 1164, § 83.

(a) (1) There shall be a rebuttable presumption against permitting the construction or operation of any high impact solid waste management facility, as defined in this subchapter, within twelve (12) miles of any existing high impact solid waste management facility. (2) This presumption shall be honored by the Division of Environmental Quality, the regional solid waste management board with jurisdiction over the site, and any other governmental entity with permitting or zoning authority concerning any facility.

(1) There shall be a rebuttable presumption against permitting the construction or operation of any high impact solid waste management facility, as defined in this subchapter, within twelve (12) miles of any existing high impact solid waste management facility.

(2) This presumption shall be honored by the Division of Environmental Quality, the regional solid waste management board with jurisdiction over the site, and any other governmental entity with permitting or zoning authority concerning any facility.

(b) The presumption in subsection (a) of this section can be rebutted if any of the following is shown: (1) That no other suitable site for such a high impact solid waste management facility is available within the regional solid waste management district because of the restraints of geology or any other factors listed at § 8-6-706(b)(2) ; or (2) (A) That incentives have prompted the host community to accept the siting of the high impact solid waste management facility. (B) Such incentives may include, without limitation: (i) Increased employment opportunities; (ii) Reasonable host fees not to exceed the prevailing state average; (iii) Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control; (iv) Compensation to adjacent individual landowners for any assessed decrease in property values; or (v) Subsidization of community services.

(1) That no other suitable site for such a high impact solid waste management facility is available within the regional solid waste management district because of the restraints of geology or any other factors listed at § 8-6-706(b)(2) ; or

(2) (A) That incentives have prompted the host community to accept the siting of the high impact solid waste management facility. (B) Such incentives may include, without limitation: (i) Increased employment opportunities; (ii) Reasonable host fees not to exceed the prevailing state average; (iii) Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control; (iv) Compensation to adjacent individual landowners for any assessed decrease in property values; or (v) Subsidization of community services.

(A) That incentives have prompted the host community to accept the siting of the high impact solid waste management facility.

(B) Such incentives may include, without limitation: (i) Increased employment opportunities; (ii) Reasonable host fees not to exceed the prevailing state average; (iii) Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control; (iv) Compensation to adjacent individual landowners for any assessed decrease in property values; or (v) Subsidization of community services.

(i) Increased employment opportunities;

(ii) Reasonable host fees not to exceed the prevailing state average;

(iii) Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control;

(iv) Compensation to adjacent individual landowners for any assessed decrease in property values; or

(v) Subsidization of community services.

Amended by Act 2019, No. 910,§ 2696, eff. 7/1/2019.

Acts 1993, No. 1263, § 3; 1999, No. 1164, § 83.
Ark. Code Ann. § 8-7-602 — AR Code / Title 8 / Chapter 7 / Subchapter 6 / Section 8-7-602
Disposal or storage in above-ground facilities
Status: in_force

(a) In the event that low-level radioactive waste is required to be disposed of or stored in the State of Arkansas, the low-level radioactive waste shall be disposed of or stored only in an above-ground facility. (b) An above-ground facility shall be so designed, constructed, and maintained as to prevent any accidental release of the low-level radioactive waste or any harmful substance in the above-ground facility as a result of flooding, earthquakes, tornadoes, or other occurrences, to permit effective surveillance of the above-ground facility and the low-level radioactive waste in the above-ground facility, and to permit retrievability of any low-level radioactive waste stored in the above-ground facility for testing and other appropriate purposes. Acts 1987, No. 562, § 2.

(a) In the event that low-level radioactive waste is required to be disposed of or stored in the State of Arkansas, the low-level radioactive waste shall be disposed of or stored only in an above-ground facility.

(b) An above-ground facility shall be so designed, constructed, and maintained as to prevent any accidental release of the low-level radioactive waste or any harmful substance in the above-ground facility as a result of flooding, earthquakes, tornadoes, or other occurrences, to permit effective surveillance of the above-ground facility and the low-level radioactive waste in the above-ground facility, and to permit retrievability of any low-level radioactive waste stored in the above-ground facility for testing and other appropriate purposes.

Acts 1987, No. 562, § 2.
Ark. Code Ann. § 8-6-904 — AR Code / Title 8 / Chapter 6 / Subchapter 9 / Section 8-6-904
Licensing committee - Members - Compensation - Restrictions
Status: in_force

(a) (1) There is created a licensing committee to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program. (2) The committee shall be composed of seven (7) voting members as follows: (A) Three (3) members, to be appointed by the commission, shall be solid waste management facility operators licensed by the division; (B) One (1) member, to be appointed by the commission, shall be an employee of a county operating a solid waste management facility who holds the position of solid waste management facility on-site operator or supervisor; (C) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a sanitary landfill who holds the position of landfill on-site operator or supervisor; (D) One (1) member, to be appointed by the commission, shall be a representative of one (1) of the duly constituted regional solid waste management boards; (E) One (1) member, to be appointed by the commission, shall be an on-site operator or supervisor of a nonsegregated materials recovery, transfer, or composting facility; (F) One (1) member, to be appointed by the commission, shall be a representative of a designated solid waste operator training academy and shall serve ex officio with no vote; and (G) One (1) member, to be appointed by the Director of the Division of Environmental Quality, shall be a qualified member of his or her staff who shall serve ex officio with no vote as executive secretary of the committee. (b) (1) In the event of a vacancy, a new member shall be appointed by the commission to serve out the unexpired term. (2) (A) A nonstate agency member shall not serve more than two (2) consecutive three-year terms. (B) Those members serving unexpired five-year terms may serve an additional one (1) consecutive three-year term. (c) The committee shall select a member to serve as chair each year and shall meet as necessary to carry out its duties under this subchapter and at the call of the chair. (d) State agency members of the committee shall receive no additional salary or per diem for their services as members of the committee, but they shall be allowed their travel and maintenance expenses while attending meetings away from Little Rock. (e) No member of the committee shall participate in any licensing decision involving the firm or organization by which that member is employed or in which that member has a direct or indirect financial interest. Amended by Act 2021, No. 773,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 773,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 2666, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2665, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2664, eff. 7/1/2019. Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 250, § 47; 1997, No. 1254, § 2; 1999, No. 1508, § 7(c); 2005, No. 728, § 2.

(a) (1) There is created a licensing committee to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program. (2) The committee shall be composed of seven (7) voting members as follows: (A) Three (3) members, to be appointed by the commission, shall be solid waste management facility operators licensed by the division; (B) One (1) member, to be appointed by the commission, shall be an employee of a county operating a solid waste management facility who holds the position of solid waste management facility on-site operator or supervisor; (C) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a sanitary landfill who holds the position of landfill on-site operator or supervisor; (D) One (1) member, to be appointed by the commission, shall be a representative of one (1) of the duly constituted regional solid waste management boards; (E) One (1) member, to be appointed by the commission, shall be an on-site operator or supervisor of a nonsegregated materials recovery, transfer, or composting facility; (F) One (1) member, to be appointed by the commission, shall be a representative of a designated solid waste operator training academy and shall serve ex officio with no vote; and (G) One (1) member, to be appointed by the Director of the Division of Environmental Quality, shall be a qualified member of his or her staff who shall serve ex officio with no vote as executive secretary of the committee.

(1) There is created a licensing committee to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program.

(2) The committee shall be composed of seven (7) voting members as follows: (A) Three (3) members, to be appointed by the commission, shall be solid waste management facility operators licensed by the division; (B) One (1) member, to be appointed by the commission, shall be an employee of a county operating a solid waste management facility who holds the position of solid waste management facility on-site operator or supervisor; (C) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a sanitary landfill who holds the position of landfill on-site operator or supervisor; (D) One (1) member, to be appointed by the commission, shall be a representative of one (1) of the duly constituted regional solid waste management boards; (E) One (1) member, to be appointed by the commission, shall be an on-site operator or supervisor of a nonsegregated materials recovery, transfer, or composting facility; (F) One (1) member, to be appointed by the commission, shall be a representative of a designated solid waste operator training academy and shall serve ex officio with no vote; and (G) One (1) member, to be appointed by the Director of the Division of Environmental Quality, shall be a qualified member of his or her staff who shall serve ex officio with no vote as executive secretary of the committee.

(A) Three (3) members, to be appointed by the commission, shall be solid waste management facility operators licensed by the division;

(B) One (1) member, to be appointed by the commission, shall be an employee of a county operating a solid waste management facility who holds the position of solid waste management facility on-site operator or supervisor;

(C) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a sanitary landfill who holds the position of landfill on-site operator or supervisor;

(D) One (1) member, to be appointed by the commission, shall be a representative of one (1) of the duly constituted regional solid waste management boards;

(E) One (1) member, to be appointed by the commission, shall be an on-site operator or supervisor of a nonsegregated materials recovery, transfer, or composting facility;

(F) One (1) member, to be appointed by the commission, shall be a representative of a designated solid waste operator training academy and shall serve ex officio with no vote; and

(G) One (1) member, to be appointed by the Director of the Division of Environmental Quality, shall be a qualified member of his or her staff who shall serve ex officio with no vote as executive secretary of the committee.

(b) (1) In the event of a vacancy, a new member shall be appointed by the commission to serve out the unexpired term. (2) (A) A nonstate agency member shall not serve more than two (2) consecutive three-year terms. (B) Those members serving unexpired five-year terms may serve an additional one (1) consecutive three-year term.

(1) In the event of a vacancy, a new member shall be appointed by the commission to serve out the unexpired term.

(2) (A) A nonstate agency member shall not serve more than two (2) consecutive three-year terms. (B) Those members serving unexpired five-year terms may serve an additional one (1) consecutive three-year term.

(A) A nonstate agency member shall not serve more than two (2) consecutive three-year terms.

(B) Those members serving unexpired five-year terms may serve an additional one (1) consecutive three-year term.

(c) The committee shall select a member to serve as chair each year and shall meet as necessary to carry out its duties under this subchapter and at the call of the chair.

(d) State agency members of the committee shall receive no additional salary or per diem for their services as members of the committee, but they shall be allowed their travel and maintenance expenses while attending meetings away from Little Rock.

(e) No member of the committee shall participate in any licensing decision involving the firm or organization by which that member is employed or in which that member has a direct or indirect financial interest.

Amended by Act 2021, No. 773,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 773,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 2666, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2665, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2664, eff. 7/1/2019.

Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 250, § 47; 1997, No. 1254, § 2; 1999, No. 1508, § 7(c); 2005, No. 728, § 2.
Ark. Code Ann. § 8-9-412 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-412
Additional fees
Status: in_force

(a) A used tire program may charge an additional fee for the collection and recycling of extra-large tires from sources other than registered tire retailers and for any tires in excess of the maximum under § 8-9-414(b)(7) . (b) If a used tire program charges an additional fee under this section, the fee shall be collected and retained by the used tire program for costs related to the processing of extra-large tires. Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.

(a) A used tire program may charge an additional fee for the collection and recycling of extra-large tires from sources other than registered tire retailers and for any tires in excess of the maximum under § 8-9-414(b)(7) .

(b) If a used tire program charges an additional fee under this section, the fee shall be collected and retained by the used tire program for costs related to the processing of extra-large tires.

Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-7-213 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-213
Procedure generally
Status: in_force

The procedure of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in § 8-4-101 et seq. and § 8-4-201 et seq., including, but not limited to, §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 if they are not in conflict with the provisions set forth in this subchapter. Amended by Act 2019, No. 315,§ 615, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2728, eff. 7/1/2019. Acts 1979, No. 406, § 9; A.S.A. 1947, § 82-4209.

The procedure of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in § 8-4-101 et seq. and § 8-4-201 et seq., including, but not limited to, §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 if they are not in conflict with the provisions set forth in this subchapter.

Amended by Act 2019, No. 315,§ 615, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2728, eff. 7/1/2019.

Acts 1979, No. 406, § 9; A.S.A. 1947, § 82-4209.
Ark. Code Ann. § 8-6-907 — AR Code / Title 8 / Chapter 6 / Subchapter 9 / Section 8-6-907
Licensing
Status: in_force

All operators in responsible charge of public and private solid waste management facilities shall be duly licensed and certified as competent by the Director of the Division of Environmental Quality under the provisions of this subchapter and under such rules as the Arkansas Pollution Control and Ecology Commission may adopt, with the advice and assistance of the licensing committee, pursuant to the authority of this subchapter. Amended by Act 2019, No. 315,§ 563, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2672, eff. 7/1/2019. Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1.

All operators in responsible charge of public and private solid waste management facilities shall be duly licensed and certified as competent by the Director of the Division of Environmental Quality under the provisions of this subchapter and under such rules as the Arkansas Pollution Control and Ecology Commission may adopt, with the advice and assistance of the licensing committee, pursuant to the authority of this subchapter.

Amended by Act 2019, No. 315,§ 563, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2672, eff. 7/1/2019.

Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1.
Ark. Code Ann. § 8-6-212 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-212
County solid waste management systems
Status: in_force

(a) (1) Each county of the state is authorized to provide and shall provide a solid waste management system adequate to collect and dispose of all solid wastes generated or existing within the boundaries of the county and outside the corporate limits of any municipality in the county. (2) By agreement or contractual arrangement, the county may assume responsibility for solid wastes generated within municipalities whether within its county or other counties. (3) A county may enter into agreements with other counties, one (1) or more municipalities, a regional solid waste management district, governmental agencies, private persons, trusts, or with any combination thereof, to provide a solid waste management system for the county or any portion thereof, but the agreement shall not relieve the parties to the agreement of their responsibilities under this subchapter. (b) (1) (A) A county government may levy and collect the fees and charges and require the licenses that are appropriate to discharge the county's responsibility for a solid waste management system or any portion thereof. Each fee, charge, and license shall be based on a fee schedule contained in an ordinance. (B) (i) A county may provide by ordinance that responsibility for payment of the fees and charges rests on the occupant of the property. (ii) The ordinance shall provide that the owner of the property is the occupant unless, before the fifth day of the month of service, the owner registers with the county the name and address of the tenant occupying the property and either the date that the lease is to expire or that the lease is month-to-month. (2) (A) (i) A county government may collect its fees and service charges by using its own system of periodic billing or by entering the fees and service charges on the county tax records and then collecting the fees and service charges annually with the personal property taxes. (ii) (a) If a tenant has been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the tenant is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the tenant's personal property taxes. (b) The county may also assess an additional annual fee of ten percent (10%) for invoicing and collecting the delinquent fees and charges from the tenant rather than the owner. (iii) If a tenant has not been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the owner is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the owner's personal property taxes or real property taxes. (B) Further, a fee or service charge billed periodically by the county that is more than ninety (90) days delinquent or is delinquent as of the date set by the quorum court by ordinance may be entered on the tax records of the county as a delinquent periodic fee or service charge and may be collected by the county with personal property taxes or with real property taxes from the owner of the property in accordance with a county ordinance, except as provided in subdivision (b)(1)(B)(ii) of this section. (C) (i) A county collector shall not accept payment of property taxes if an annual fee or service charge or a delinquent periodic fee or service charge appears on the county tax records of a taxpayer unless the fee or service charge due is also receipted. (ii) These funds shall be receipted and deposited into an official account of the county collector, who shall settle the account at least quarterly. (iii) The amount of the fees and service charges collected shall be paid to the county treasurer by the county collector, less four percent (4%) to be retained by the county collector. In addition, when the county collector maintains a separate tax book for the fees and charges, the county collector may charge an additional two dollars and fifty cents ($2.50) for collection. (3) (A) In counties in which the fees are entered on the tax records for yearly collection or if the periodic fees and service charges are more than ninety (90) days delinquent or are delinquent as of the date set by the quorum court by ordinance, the fees and service charges shall be entered on the tax records of the county by the county clerk and shall be collected by the county collector with the personal property taxes or with real property taxes from the owner of the property in accordance with a county ordinance, except as provided in subdivision (b)(1)(B)(ii) of this section. (B) The fees and service charges to be collected shall be certified to the county clerk by December 1 each year by an appropriate municipal official or the mayor. (4) Annual fees and service charges or the delinquent periodic fees and service charges which remain unpaid after the time other property taxes are due shall constitute a lien on the real and personal property of the taxpayer which may be enforced against such property by an action in circuit court. (c) A county may accept and disburse funds derived from federal or state grants, from private sources, or from moneys that may be appropriated from any available funds for the installation and operation of a solid waste management system or any part thereof. (d) A county is authorized to contract for the lease or purchase of land, facilities, and vehicles for the operation of a solid waste management system either for the county or as a party to a regional solid waste authority. (e) A county shall have the right to issue orders, to establish policies for, and to enact ordinances concerning all phases of the operation of a solid waste management system, including hours of operation, the character and kinds of wastes accepted at the disposal site, the separation of wastes according to type by those generating them prior to collection, the type of container for storage of wastes, the prohibition of the diverting of recyclable materials by persons other than the generator or collector of the recyclable materials, the prohibition of burning of wastes, the pretreatment of wastes, and such other rules as may be necessary or appropriate, so long as such orders, policies, and ordinances are consistent with, in accordance with, and not more restrictive than, those adopted by, under, or pursuant to this subchapter or any other laws, rules, regulations, or orders adopted by state law or incorporated by reference from federal law, the Arkansas Pollution Control and Ecology Commission, or the regional solid waste management boards or regional solid waste management districts, unless: (1) There exists a fully implemented comprehensive area-wide zoning plan and corresponding laws or ordinances covering the entire county; or (2) The county has made a request to the board or district to adopt a more restrictive rule, regulation, order, or standard and no public hearing has been held within sixty (60) days or the request has not been acted upon within ninety (90) days. Acts 1971, No. 237, § 6; 1983, No. 612, § 1; 1985, No. 946, § 1; A.S.A. 1947, § 82-2706; Acts 1991, No. 1007, § 2; 1993, No. 1280, § 4; 1995, No. 547, § 5; 2001, No. 1720, § 3; 2005, No. 1272, § 1; 2011, No. 174, § 1.

(a) (1) Each county of the state is authorized to provide and shall provide a solid waste management system adequate to collect and dispose of all solid wastes generated or existing within the boundaries of the county and outside the corporate limits of any municipality in the county. (2) By agreement or contractual arrangement, the county may assume responsibility for solid wastes generated within municipalities whether within its county or other counties. (3) A county may enter into agreements with other counties, one (1) or more municipalities, a regional solid waste management district, governmental agencies, private persons, trusts, or with any combination thereof, to provide a solid waste management system for the county or any portion thereof, but the agreement shall not relieve the parties to the agreement of their responsibilities under this subchapter.

(1) Each county of the state is authorized to provide and shall provide a solid waste management system adequate to collect and dispose of all solid wastes generated or existing within the boundaries of the county and outside the corporate limits of any municipality in the county.

(2) By agreement or contractual arrangement, the county may assume responsibility for solid wastes generated within municipalities whether within its county or other counties.

(3) A county may enter into agreements with other counties, one (1) or more municipalities, a regional solid waste management district, governmental agencies, private persons, trusts, or with any combination thereof, to provide a solid waste management system for the county or any portion thereof, but the agreement shall not relieve the parties to the agreement of their responsibilities under this subchapter.

(b) (1) (A) A county government may levy and collect the fees and charges and require the licenses that are appropriate to discharge the county's responsibility for a solid waste management system or any portion thereof. Each fee, charge, and license shall be based on a fee schedule contained in an ordinance. (B) (i) A county may provide by ordinance that responsibility for payment of the fees and charges rests on the occupant of the property. (ii) The ordinance shall provide that the owner of the property is the occupant unless, before the fifth day of the month of service, the owner registers with the county the name and address of the tenant occupying the property and either the date that the lease is to expire or that the lease is month-to-month. (2) (A) (i) A county government may collect its fees and service charges by using its own system of periodic billing or by entering the fees and service charges on the county tax records and then collecting the fees and service charges annually with the personal property taxes. (ii) (a) If a tenant has been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the tenant is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the tenant's personal property taxes. (b) The county may also assess an additional annual fee of ten percent (10%) for invoicing and collecting the delinquent fees and charges from the tenant rather than the owner. (iii) If a tenant has not been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the owner is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the owner's personal property taxes or real property taxes. (B) Further, a fee or service charge billed periodically by the county that is more than ninety (90) days delinquent or is delinquent as of the date set by the quorum court by ordinance may be entered on the tax records of the county as a delinquent periodic fee or service charge and may be collected by the county with personal property taxes or with real property taxes from the owner of the property in accordance with a county ordinance, except as provided in subdivision (b)(1)(B)(ii) of this section. (C) (i) A county collector shall not accept payment of property taxes if an annual fee or service charge or a delinquent periodic fee or service charge appears on the county tax records of a taxpayer unless the fee or service charge due is also receipted. (ii) These funds shall be receipted and deposited into an official account of the county collector, who shall settle the account at least quarterly. (iii) The amount of the fees and service charges collected shall be paid to the county treasurer by the county collector, less four percent (4%) to be retained by the county collector. In addition, when the county collector maintains a separate tax book for the fees and charges, the county collector may charge an additional two dollars and fifty cents ($2.50) for collection. (3) (A) In counties in which the fees are entered on the tax records for yearly collection or if the periodic fees and service charges are more than ninety (90) days delinquent or are delinquent as of the date set by the quorum court by ordinance, the fees and service charges shall be entered on the tax records of the county by the county clerk and shall be collected by the county collector with the personal property taxes or with real property taxes from the owner of the property in accordance with a county ordinance, except as provided in subdivision (b)(1)(B)(ii) of this section. (B) The fees and service charges to be collected shall be certified to the county clerk by December 1 each year by an appropriate municipal official or the mayor. (4) Annual fees and service charges or the delinquent periodic fees and service charges which remain unpaid after the time other property taxes are due shall constitute a lien on the real and personal property of the taxpayer which may be enforced against such property by an action in circuit court.

(1) (A) A county government may levy and collect the fees and charges and require the licenses that are appropriate to discharge the county's responsibility for a solid waste management system or any portion thereof. Each fee, charge, and license shall be based on a fee schedule contained in an ordinance. (B) (i) A county may provide by ordinance that responsibility for payment of the fees and charges rests on the occupant of the property. (ii) The ordinance shall provide that the owner of the property is the occupant unless, before the fifth day of the month of service, the owner registers with the county the name and address of the tenant occupying the property and either the date that the lease is to expire or that the lease is month-to-month.

(A) A county government may levy and collect the fees and charges and require the licenses that are appropriate to discharge the county's responsibility for a solid waste management system or any portion thereof. Each fee, charge, and license shall be based on a fee schedule contained in an ordinance.

(B) (i) A county may provide by ordinance that responsibility for payment of the fees and charges rests on the occupant of the property. (ii) The ordinance shall provide that the owner of the property is the occupant unless, before the fifth day of the month of service, the owner registers with the county the name and address of the tenant occupying the property and either the date that the lease is to expire or that the lease is month-to-month.

(i) A county may provide by ordinance that responsibility for payment of the fees and charges rests on the occupant of the property.

(ii) The ordinance shall provide that the owner of the property is the occupant unless, before the fifth day of the month of service, the owner registers with the county the name and address of the tenant occupying the property and either the date that the lease is to expire or that the lease is month-to-month.

(2) (A) (i) A county government may collect its fees and service charges by using its own system of periodic billing or by entering the fees and service charges on the county tax records and then collecting the fees and service charges annually with the personal property taxes. (ii) (a) If a tenant has been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the tenant is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the tenant's personal property taxes. (b) The county may also assess an additional annual fee of ten percent (10%) for invoicing and collecting the delinquent fees and charges from the tenant rather than the owner. (iii) If a tenant has not been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the owner is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the owner's personal property taxes or real property taxes. (B) Further, a fee or service charge billed periodically by the county that is more than ninety (90) days delinquent or is delinquent as of the date set by the quorum court by ordinance may be entered on the tax records of the county as a delinquent periodic fee or service charge and may be collected by the county with personal property taxes or with real property taxes from the owner of the property in accordance with a county ordinance, except as provided in subdivision (b)(1)(B)(ii) of this section. (C) (i) A county collector shall not accept payment of property taxes if an annual fee or service charge or a delinquent periodic fee or service charge appears on the county tax records of a taxpayer unless the fee or service charge due is also receipted. (ii) These funds shall be receipted and deposited into an official account of the county collector, who shall settle the account at least quarterly. (iii) The amount of the fees and service charges collected shall be paid to the county treasurer by the county collector, less four percent (4%) to be retained by the county collector. In addition, when the county collector maintains a separate tax book for the fees and charges, the county collector may charge an additional two dollars and fifty cents ($2.50) for collection.

(A) (i) A county government may collect its fees and service charges by using its own system of periodic billing or by entering the fees and service charges on the county tax records and then collecting the fees and service charges annually with the personal property taxes. (ii) (a) If a tenant has been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the tenant is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the tenant's personal property taxes. (b) The county may also assess an additional annual fee of ten percent (10%) for invoicing and collecting the delinquent fees and charges from the tenant rather than the owner. (iii) If a tenant has not been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the owner is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the owner's personal property taxes or real property taxes.

(i) A county government may collect its fees and service charges by using its own system of periodic billing or by entering the fees and service charges on the county tax records and then collecting the fees and service charges annually with the personal property taxes.

(ii) (a) If a tenant has been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the tenant is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the tenant's personal property taxes. (b) The county may also assess an additional annual fee of ten percent (10%) for invoicing and collecting the delinquent fees and charges from the tenant rather than the owner.

(a) If a tenant has been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the tenant is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the tenant's personal property taxes.

(b) The county may also assess an additional annual fee of ten percent (10%) for invoicing and collecting the delinquent fees and charges from the tenant rather than the owner.

(iii) If a tenant has not been registered as an occupant under subdivision (b)(1)(B)(ii) of this section, then the owner is responsible for paying the fees and charges, and the county may collect the fees and charges annually from the owner's personal property taxes or real property taxes.

(B) Further, a fee or service charge billed periodically by the county that is more than ninety (90) days delinquent or is delinquent as of the date set by the quorum court by ordinance may be entered on the tax records of the county as a delinquent periodic fee or service charge and may be collected by the county with personal property taxes or with real property taxes from the owner of the property in accordance with a county ordinance, except as provided in subdivision (b)(1)(B)(ii) of this section.

(C) (i) A county collector shall not accept payment of property taxes if an annual fee or service charge or a delinquent periodic fee or service charge appears on the county tax records of a taxpayer unless the fee or service charge due is also receipted. (ii) These funds shall be receipted and deposited into an official account of the county collector, who shall settle the account at least quarterly. (iii) The amount of the fees and service charges collected shall be paid to the county treasurer by the county collector, less four percent (4%) to be retained by the county collector. In addition, when the county collector maintains a separate tax book for the fees and charges, the county collector may charge an additional two dollars and fifty cents ($2.50) for collection.

(i) A county collector shall not accept payment of property taxes if an annual fee or service charge or a delinquent periodic fee or service charge appears on the county tax records of a taxpayer unless the fee or service charge due is also receipted.

(ii) These funds shall be receipted and deposited into an official account of the county collector, who shall settle the account at least quarterly.

(iii) The amount of the fees and service charges collected shall be paid to the county treasurer by the county collector, less four percent (4%) to be retained by the county collector. In addition, when the county collector maintains a separate tax book for the fees and charges, the county collector may charge an additional two dollars and fifty cents ($2.50) for collection.

(3) (A) In counties in which the fees are entered on the tax records for yearly collection or if the periodic fees and service charges are more than ninety (90) days delinquent or are delinquent as of the date set by the quorum court by ordinance, the fees and service charges shall be entered on the tax records of the county by the county clerk and shall be collected by the county collector with the personal property taxes or with real property taxes from the owner of the property in accordance with a county ordinance, except as provided in subdivision (b)(1)(B)(ii) of this section. (B) The fees and service charges to be collected shall be certified to the county clerk by December 1 each year by an appropriate municipal official or the mayor.

(A) In counties in which the fees are entered on the tax records for yearly collection or if the periodic fees and service charges are more than ninety (90) days delinquent or are delinquent as of the date set by the quorum court by ordinance, the fees and service charges shall be entered on the tax records of the county by the county clerk and shall be collected by the county collector with the personal property taxes or with real property taxes from the owner of the property in accordance with a county ordinance, except as provided in subdivision (b)(1)(B)(ii) of this section.

(B) The fees and service charges to be collected shall be certified to the county clerk by December 1 each year by an appropriate municipal official or the mayor.

(4) Annual fees and service charges or the delinquent periodic fees and service charges which remain unpaid after the time other property taxes are due shall constitute a lien on the real and personal property of the taxpayer which may be enforced against such property by an action in circuit court.

(c) A county may accept and disburse funds derived from federal or state grants, from private sources, or from moneys that may be appropriated from any available funds for the installation and operation of a solid waste management system or any part thereof.

(d) A county is authorized to contract for the lease or purchase of land, facilities, and vehicles for the operation of a solid waste management system either for the county or as a party to a regional solid waste authority.

(e) A county shall have the right to issue orders, to establish policies for, and to enact ordinances concerning all phases of the operation of a solid waste management system, including hours of operation, the character and kinds of wastes accepted at the disposal site, the separation of wastes according to type by those generating them prior to collection, the type of container for storage of wastes, the prohibition of the diverting of recyclable materials by persons other than the generator or collector of the recyclable materials, the prohibition of burning of wastes, the pretreatment of wastes, and such other rules as may be necessary or appropriate, so long as such orders, policies, and ordinances are consistent with, in accordance with, and not more restrictive than, those adopted by, under, or pursuant to this subchapter or any other laws, rules, regulations, or orders adopted by state law or incorporated by reference from federal law, the Arkansas Pollution Control and Ecology Commission, or the regional solid waste management boards or regional solid waste management districts, unless: (1) There exists a fully implemented comprehensive area-wide zoning plan and corresponding laws or ordinances covering the entire county; or (2) The county has made a request to the board or district to adopt a more restrictive rule, regulation, order, or standard and no public hearing has been held within sixty (60) days or the request has not been acted upon within ninety (90) days.

(1) There exists a fully implemented comprehensive area-wide zoning plan and corresponding laws or ordinances covering the entire county; or

(2) The county has made a request to the board or district to adopt a more restrictive rule, regulation, order, or standard and no public hearing has been held within sixty (60) days or the request has not been acted upon within ninety (90) days.

Acts 1971, No. 237, § 6; 1983, No. 612, § 1; 1985, No. 946, § 1; A.S.A. 1947, § 82-2706; Acts 1991, No. 1007, § 2; 1993, No. 1280, § 4; 1995, No. 547, § 5; 2001, No. 1720, § 3; 2005, No. 1272, § 1; 2011, No. 174, § 1.
Ark. Code Ann. § 8-7-216 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-216
Permits - Issuance generally - Interim operations
Status: in_force

(a) A permit shall be issued under such terms and conditions as the Division of Environmental Quality may prescribe under this subchapter and under the terms and conditions the Arkansas Department of Transportation may prescribe for the transportation of hazardous waste. (b) (1) A facility required to have a permit under this subchapter due to statutory or regulatory changes which occur after March 14, 1979, may continue in operation until such time as a permit is issued under this subchapter, provided that the owner or operator notifies the division of newly regulated activities at the facility within ninety (90) days of the effective date of each statutory or regulatory change and makes initial permit application within one hundred eighty (180) days of the effective date of such changes on forms provided by the division. (2) This subsection shall not apply to any facility at which interim operating authority or a final permit has previously been terminated or denied. (c) Interim operating authority acquired pursuant to former subsection (b) of this section shall terminate for incineration facilities on November 8, 1989, unless the owner or operator applied for final permit determination by November 8, 1986. (d) Interim operating authority acquired pursuant to former subsection (b) of this section shall terminate for storage and treatment facilities on November 8, 1992, unless the owner or operator applied for final permit determination by November 8, 1988. (e) Interim operating authority acquired pursuant to subsection (b) of this section for a land disposal facility shall terminate twelve (12) months after the land disposal facility first becomes subject to permitting unless the owner or operator certifies compliance with all applicable groundwater monitoring and financial responsibility requirements. Amended by Act 2019, No. 910,§ 2732, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2731, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 10, eff. 8/1/2017. Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1989, No. 643, § 6; 1991, No. 489, § 1; 1991, No. 786, § 8; 1999, No. 340, § 2.

(a) A permit shall be issued under such terms and conditions as the Division of Environmental Quality may prescribe under this subchapter and under the terms and conditions the Arkansas Department of Transportation may prescribe for the transportation of hazardous waste.

(b) (1) A facility required to have a permit under this subchapter due to statutory or regulatory changes which occur after March 14, 1979, may continue in operation until such time as a permit is issued under this subchapter, provided that the owner or operator notifies the division of newly regulated activities at the facility within ninety (90) days of the effective date of each statutory or regulatory change and makes initial permit application within one hundred eighty (180) days of the effective date of such changes on forms provided by the division. (2) This subsection shall not apply to any facility at which interim operating authority or a final permit has previously been terminated or denied.

(1) A facility required to have a permit under this subchapter due to statutory or regulatory changes which occur after March 14, 1979, may continue in operation until such time as a permit is issued under this subchapter, provided that the owner or operator notifies the division of newly regulated activities at the facility within ninety (90) days of the effective date of each statutory or regulatory change and makes initial permit application within one hundred eighty (180) days of the effective date of such changes on forms provided by the division.

(2) This subsection shall not apply to any facility at which interim operating authority or a final permit has previously been terminated or denied.

(c) Interim operating authority acquired pursuant to former subsection (b) of this section shall terminate for incineration facilities on November 8, 1989, unless the owner or operator applied for final permit determination by November 8, 1986.

(d) Interim operating authority acquired pursuant to former subsection (b) of this section shall terminate for storage and treatment facilities on November 8, 1992, unless the owner or operator applied for final permit determination by November 8, 1988.

(e) Interim operating authority acquired pursuant to subsection (b) of this section for a land disposal facility shall terminate twelve (12) months after the land disposal facility first becomes subject to permitting unless the owner or operator certifies compliance with all applicable groundwater monitoring and financial responsibility requirements.

Amended by Act 2019, No. 910,§ 2732, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2731, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 10, eff. 8/1/2017.

Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1989, No. 643, § 6; 1991, No. 489, § 1; 1991, No. 786, § 8; 1999, No. 340, § 2.
Ark. Code Ann. § 8-1-309 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-309
Audit privilege reserved for administrative or civil proceedings
Status: repealed

The privilege created by § 8-1-303 does not apply to criminal investigations or proceedings. When an environmental audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by § 8-1-303 applicable to administrative or civil proceedings is not waived or eliminated. Acts 1995, No. 350, § 1; 1999, No. 871, § 5.

The privilege created by § 8-1-303 does not apply to criminal investigations or proceedings. When an environmental audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by § 8-1-303 applicable to administrative or civil proceedings is not waived or eliminated.

Acts 1995, No. 350, § 1; 1999, No. 871, § 5.
Ark. Code Ann. § 8-6-408 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-408
Discarding certain items prohibited
Status: in_force

(a) It is unlawful for a person to place or cause to be placed any junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance, or part of a junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance upon the right-of-way of any public highway, upon any other public property, or upon any private property that he or she does not own, lease, rent, or otherwise control, unless it is at a salvage yard, a permitted disposal site, or at the business establishment of a demolisher. (b) A person who violates this section upon conviction is guilty of: (1) A violation for a first offense and shall be fined one thousand dollars ($1,000) and sentenced to one hundred (100) hours of community service; and (2) A Class A misdemeanor for a second or subsequent offense. Amended by Act 2015, No. 1264,§ 6, eff. 7/22/2015. Acts 1977, No. 883, § 10; A.S.A. 1947, § 82-3910.

(a) It is unlawful for a person to place or cause to be placed any junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance, or part of a junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance upon the right-of-way of any public highway, upon any other public property, or upon any private property that he or she does not own, lease, rent, or otherwise control, unless it is at a salvage yard, a permitted disposal site, or at the business establishment of a demolisher.

(b) A person who violates this section upon conviction is guilty of: (1) A violation for a first offense and shall be fined one thousand dollars ($1,000) and sentenced to one hundred (100) hours of community service; and (2) A Class A misdemeanor for a second or subsequent offense.

(1) A violation for a first offense and shall be fined one thousand dollars ($1,000) and sentenced to one hundred (100) hours of community service; and

(2) A Class A misdemeanor for a second or subsequent offense.

Amended by Act 2015, No. 1264,§ 6, eff. 7/22/2015.

Acts 1977, No. 883, § 10; A.S.A. 1947, § 82-3910.
Ark. Code Ann. § 8-6-1603 — AR Code / Title 8 / Chapter 6 / Subchapter 16 / Section 8-6-1603
Procedures generally
Status: in_force

(a) Financial Assurance for Closure. (1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest area of the facility requiring closure as required under the rules issued pursuant to this subchapter and the permit during the active life of the facility in accordance with the closure plan. (2) The cost estimate shall equal the cost of closing the largest area of any solid waste management facility requiring closure at any time during its active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan. (3) During the active life of the solid waste management facility, the owner or operator shall annually adjust the closure cost estimate for inflation. (4) (A) The owner or operator shall establish financial assurance for closure of any permitted solid waste management facility in compliance with the rules issued pursuant to this subchapter and the permit. (B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for closure until released from financial assurance requirements by demonstrating compliance with rules issued pursuant to this subchapter and the permit. (C) The amount of financial assurance shall be in accordance with § 8-6-1002(e) and the rules issued in § 8-6-1002(e) . (b) Financial Assurance for Post-closure Care. (1) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care in compliance with the post-closure plan developed under the rules issued pursuant to this subchapter and the permit. (2) The cost estimate for post-closure care shall be based on the most expensive costs of post-closure care during the post-closure care period. (3) During the active life of the solid waste management facility and during the post-closure care period, the owner or operator shall annually adjust the post-closure cost estimate for inflation. (4) (A) The owner or operator shall establish financial assurance for costs of post-closure care of any permitted solid waste management facility in compliance with rules issued pursuant to this subchapter and the permit. (B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for post-closure care until released from financial assurance requirements for post-closure care by demonstrating compliance with rules issued pursuant to this subchapter and the permit. (c) Financial Assurance for Corrective Action. (1) The owner or operator, if required to undertake a corrective action program under rules issued pursuant to this subchapter, shall have a detailed written estimate, in current dollars, of the cost of hiring a third party to perform the corrective action in accordance with rules issued pursuant to this subchapter. (2) (A) The owner or operator of any solid waste management facility shall establish financial assurance for the most recent corrective action program. (B) The owner or operator shall provide continuous coverage for corrective action until released from financial assurance requirements for corrective action by demonstrating compliance with rules issued pursuant to this subchapter. (d) Allowable Mechanisms. (1) The mechanisms used to demonstrate financial assurance under this section shall ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for known releases will be available whenever they are needed. (2) The financial mechanisms shall be legally valid, binding, and enforceable under state and federal law. (3) Owners and operators shall choose from the options specified in rules issued pursuant to this subchapter. (4) (A) A municipality or county that owns or operates a solid waste management facility receiving any non-RCRA, Subtitle D waste may, in lieu of a performance bond, execute a contract of obligation with the Director of the Division of Environmental Quality. (B) The contract of obligation shall be a binding agreement on the municipality or county, allowing the director or his or her designee to collect any general revenues being disbursed or to be disbursed from the state to the municipality or county on the failure of the municipality or county to fulfill the financial assurance requirements of this subchapter and rules issued pursuant to this subchapter. (C) To assure that adequate funds necessary to meet the estimated costs for closure and post-closure care of any non-RCRA, Subtitle D solid waste management facility are available whenever they are needed, the estimated annual general revenue amount pledged under a contract of obligation shall be at least equal to but not less than the estimated annual cost for closure and post-closure care to satisfy the financial assurance requirements for closure and post-closure care of this subchapter. Amended by Act 2019, No. 315,§ 594, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 593, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 592, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 591, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 590, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 589, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 588, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 587, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2699, eff. 7/1/2019. Acts 1995, No. 510, § 1; 1997, No. 938, § 4; 1999, No. 758, § 3; 1999, No. 1164, § 86.

(a) Financial Assurance for Closure. (1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest area of the facility requiring closure as required under the rules issued pursuant to this subchapter and the permit during the active life of the facility in accordance with the closure plan. (2) The cost estimate shall equal the cost of closing the largest area of any solid waste management facility requiring closure at any time during its active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan. (3) During the active life of the solid waste management facility, the owner or operator shall annually adjust the closure cost estimate for inflation. (4) (A) The owner or operator shall establish financial assurance for closure of any permitted solid waste management facility in compliance with the rules issued pursuant to this subchapter and the permit. (B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for closure until released from financial assurance requirements by demonstrating compliance with rules issued pursuant to this subchapter and the permit. (C) The amount of financial assurance shall be in accordance with § 8-6-1002(e) and the rules issued in § 8-6-1002(e) .

(1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest area of the facility requiring closure as required under the rules issued pursuant to this subchapter and the permit during the active life of the facility in accordance with the closure plan.

(2) The cost estimate shall equal the cost of closing the largest area of any solid waste management facility requiring closure at any time during its active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan.

(3) During the active life of the solid waste management facility, the owner or operator shall annually adjust the closure cost estimate for inflation.

(4) (A) The owner or operator shall establish financial assurance for closure of any permitted solid waste management facility in compliance with the rules issued pursuant to this subchapter and the permit. (B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for closure until released from financial assurance requirements by demonstrating compliance with rules issued pursuant to this subchapter and the permit. (C) The amount of financial assurance shall be in accordance with § 8-6-1002(e) and the rules issued in § 8-6-1002(e) .

(A) The owner or operator shall establish financial assurance for closure of any permitted solid waste management facility in compliance with the rules issued pursuant to this subchapter and the permit.

(B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for closure until released from financial assurance requirements by demonstrating compliance with rules issued pursuant to this subchapter and the permit.

(C) The amount of financial assurance shall be in accordance with § 8-6-1002(e) and the rules issued in § 8-6-1002(e) .

(b) Financial Assurance for Post-closure Care. (1) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care in compliance with the post-closure plan developed under the rules issued pursuant to this subchapter and the permit. (2) The cost estimate for post-closure care shall be based on the most expensive costs of post-closure care during the post-closure care period. (3) During the active life of the solid waste management facility and during the post-closure care period, the owner or operator shall annually adjust the post-closure cost estimate for inflation. (4) (A) The owner or operator shall establish financial assurance for costs of post-closure care of any permitted solid waste management facility in compliance with rules issued pursuant to this subchapter and the permit. (B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for post-closure care until released from financial assurance requirements for post-closure care by demonstrating compliance with rules issued pursuant to this subchapter and the permit.

(1) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care in compliance with the post-closure plan developed under the rules issued pursuant to this subchapter and the permit.

(2) The cost estimate for post-closure care shall be based on the most expensive costs of post-closure care during the post-closure care period.

(3) During the active life of the solid waste management facility and during the post-closure care period, the owner or operator shall annually adjust the post-closure cost estimate for inflation.

(4) (A) The owner or operator shall establish financial assurance for costs of post-closure care of any permitted solid waste management facility in compliance with rules issued pursuant to this subchapter and the permit. (B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for post-closure care until released from financial assurance requirements for post-closure care by demonstrating compliance with rules issued pursuant to this subchapter and the permit.

(A) The owner or operator shall establish financial assurance for costs of post-closure care of any permitted solid waste management facility in compliance with rules issued pursuant to this subchapter and the permit.

(B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for post-closure care until released from financial assurance requirements for post-closure care by demonstrating compliance with rules issued pursuant to this subchapter and the permit.

(c) Financial Assurance for Corrective Action. (1) The owner or operator, if required to undertake a corrective action program under rules issued pursuant to this subchapter, shall have a detailed written estimate, in current dollars, of the cost of hiring a third party to perform the corrective action in accordance with rules issued pursuant to this subchapter. (2) (A) The owner or operator of any solid waste management facility shall establish financial assurance for the most recent corrective action program. (B) The owner or operator shall provide continuous coverage for corrective action until released from financial assurance requirements for corrective action by demonstrating compliance with rules issued pursuant to this subchapter.

(1) The owner or operator, if required to undertake a corrective action program under rules issued pursuant to this subchapter, shall have a detailed written estimate, in current dollars, of the cost of hiring a third party to perform the corrective action in accordance with rules issued pursuant to this subchapter.

(2) (A) The owner or operator of any solid waste management facility shall establish financial assurance for the most recent corrective action program. (B) The owner or operator shall provide continuous coverage for corrective action until released from financial assurance requirements for corrective action by demonstrating compliance with rules issued pursuant to this subchapter.

(A) The owner or operator of any solid waste management facility shall establish financial assurance for the most recent corrective action program.

(B) The owner or operator shall provide continuous coverage for corrective action until released from financial assurance requirements for corrective action by demonstrating compliance with rules issued pursuant to this subchapter.

(d) Allowable Mechanisms. (1) The mechanisms used to demonstrate financial assurance under this section shall ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for known releases will be available whenever they are needed. (2) The financial mechanisms shall be legally valid, binding, and enforceable under state and federal law. (3) Owners and operators shall choose from the options specified in rules issued pursuant to this subchapter. (4) (A) A municipality or county that owns or operates a solid waste management facility receiving any non-RCRA, Subtitle D waste may, in lieu of a performance bond, execute a contract of obligation with the Director of the Division of Environmental Quality. (B) The contract of obligation shall be a binding agreement on the municipality or county, allowing the director or his or her designee to collect any general revenues being disbursed or to be disbursed from the state to the municipality or county on the failure of the municipality or county to fulfill the financial assurance requirements of this subchapter and rules issued pursuant to this subchapter. (C) To assure that adequate funds necessary to meet the estimated costs for closure and post-closure care of any non-RCRA, Subtitle D solid waste management facility are available whenever they are needed, the estimated annual general revenue amount pledged under a contract of obligation shall be at least equal to but not less than the estimated annual cost for closure and post-closure care to satisfy the financial assurance requirements for closure and post-closure care of this subchapter.

(1) The mechanisms used to demonstrate financial assurance under this section shall ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for known releases will be available whenever they are needed.

(2) The financial mechanisms shall be legally valid, binding, and enforceable under state and federal law.

(3) Owners and operators shall choose from the options specified in rules issued pursuant to this subchapter.

(4) (A) A municipality or county that owns or operates a solid waste management facility receiving any non-RCRA, Subtitle D waste may, in lieu of a performance bond, execute a contract of obligation with the Director of the Division of Environmental Quality. (B) The contract of obligation shall be a binding agreement on the municipality or county, allowing the director or his or her designee to collect any general revenues being disbursed or to be disbursed from the state to the municipality or county on the failure of the municipality or county to fulfill the financial assurance requirements of this subchapter and rules issued pursuant to this subchapter. (C) To assure that adequate funds necessary to meet the estimated costs for closure and post-closure care of any non-RCRA, Subtitle D solid waste management facility are available whenever they are needed, the estimated annual general revenue amount pledged under a contract of obligation shall be at least equal to but not less than the estimated annual cost for closure and post-closure care to satisfy the financial assurance requirements for closure and post-closure care of this subchapter.

(A) A municipality or county that owns or operates a solid waste management facility receiving any non-RCRA, Subtitle D waste may, in lieu of a performance bond, execute a contract of obligation with the Director of the Division of Environmental Quality.

(B) The contract of obligation shall be a binding agreement on the municipality or county, allowing the director or his or her designee to collect any general revenues being disbursed or to be disbursed from the state to the municipality or county on the failure of the municipality or county to fulfill the financial assurance requirements of this subchapter and rules issued pursuant to this subchapter.

(C) To assure that adequate funds necessary to meet the estimated costs for closure and post-closure care of any non-RCRA, Subtitle D solid waste management facility are available whenever they are needed, the estimated annual general revenue amount pledged under a contract of obligation shall be at least equal to but not less than the estimated annual cost for closure and post-closure care to satisfy the financial assurance requirements for closure and post-closure care of this subchapter.

Amended by Act 2019, No. 315,§ 594, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 593, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 592, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 591, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 590, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 589, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 588, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 587, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2699, eff. 7/1/2019.

Acts 1995, No. 510, § 1; 1997, No. 938, § 4; 1999, No. 758, § 3; 1999, No. 1164, § 86.
Ark. Code Ann. § 8-6-1901 — AR Code / Title 8 / Chapter 6 / Subchapter 19 / Section 8-6-1901
Title
Status: in_force

This subchapter may be known and cited as the "Statewide Solid Waste Management Plan Act". Acts 2001, No. 1376, § 1.

This subchapter may be known and cited as the "Statewide Solid Waste Management Plan Act".

Acts 2001, No. 1376, § 1.
Ark. Code Ann. § 8-13-102 — AR Code / Title 8 / Chapter 13 / Section 8-13-102
Authority to adopt alternative organization
Status: in_force

(a) The Director of the Division of Environmental Quality, with the advice and consent of the Secretary of the Department of Energy and Environment, may establish any number of divisions, offices, or units for the conduct of environmental affairs of the state and may prescribe the functions and duties of each division, office, or unit. (b) Provided, however, that: (1) All functions and duties prescribed by a grant agreement with an entity of the United States Government shall be maintained for the duration of the grant agreement; (2) (A) This section does not limit any provision of state law directing or requiring the Division of Environmental Quality to carry out any function or provide any service. (B) However, nothing in this section shall be construed to prevent the reassignment of functions or services assigned by state law where reassignment does not alter the obligation of the Division of Environmental Quality to continue providing such function or service; (3) Such reorganization shall be based on a comprehensive analysis of all of the functions and duties administered by the Division of Environmental Quality and the development of a ten-year strategic plan of Division of Environmental Quality operations; and (4) The conduct of such comprehensive analysis and the development of a strategic plan shall be financed by an appropriation or authorization of the General Assembly for these specific purposes. Amended by Act 2019, No. 910,§ 3021, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3020, eff. 7/1/2019. Acts 1999, No. 1316, § 1.

(a) The Director of the Division of Environmental Quality, with the advice and consent of the Secretary of the Department of Energy and Environment, may establish any number of divisions, offices, or units for the conduct of environmental affairs of the state and may prescribe the functions and duties of each division, office, or unit.

(b) Provided, however, that: (1) All functions and duties prescribed by a grant agreement with an entity of the United States Government shall be maintained for the duration of the grant agreement; (2) (A) This section does not limit any provision of state law directing or requiring the Division of Environmental Quality to carry out any function or provide any service. (B) However, nothing in this section shall be construed to prevent the reassignment of functions or services assigned by state law where reassignment does not alter the obligation of the Division of Environmental Quality to continue providing such function or service; (3) Such reorganization shall be based on a comprehensive analysis of all of the functions and duties administered by the Division of Environmental Quality and the development of a ten-year strategic plan of Division of Environmental Quality operations; and (4) The conduct of such comprehensive analysis and the development of a strategic plan shall be financed by an appropriation or authorization of the General Assembly for these specific purposes.

(1) All functions and duties prescribed by a grant agreement with an entity of the United States Government shall be maintained for the duration of the grant agreement;

(2) (A) This section does not limit any provision of state law directing or requiring the Division of Environmental Quality to carry out any function or provide any service. (B) However, nothing in this section shall be construed to prevent the reassignment of functions or services assigned by state law where reassignment does not alter the obligation of the Division of Environmental Quality to continue providing such function or service;

(A) This section does not limit any provision of state law directing or requiring the Division of Environmental Quality to carry out any function or provide any service.

(B) However, nothing in this section shall be construed to prevent the reassignment of functions or services assigned by state law where reassignment does not alter the obligation of the Division of Environmental Quality to continue providing such function or service;

(3) Such reorganization shall be based on a comprehensive analysis of all of the functions and duties administered by the Division of Environmental Quality and the development of a ten-year strategic plan of Division of Environmental Quality operations; and

(4) The conduct of such comprehensive analysis and the development of a strategic plan shall be financed by an appropriation or authorization of the General Assembly for these specific purposes.

Amended by Act 2019, No. 910,§ 3021, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3020, eff. 7/1/2019.

Acts 1999, No. 1316, § 1.
Ark. Code Ann. § 8-1-103 — AR Code / Title 8 / Chapter 1 / Subchapter 1 / Section 8-1-103
Powers and duties
Status: in_force

The Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall have the following powers and duties, respectively: (1) (A) Following a public hearing and based upon a record calculating the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances, the commission shall establish, by rule, reasonable fees for initial issuance, annual review, and modification of water, air, or solid waste permits required by §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-314 , 8-6-201 - 8-6-212 , 8-6-214 , and 8-9-403 . These fees shall consist of initial fees, annual fees, and modification fees, as defined in § 8-1-102 . (B) (i) All fees will be capped at no more than the appropriation. Provided, however, in setting reasonable permit fees, the commission shall: (a) Set water permit fees calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances; and (b) Set solid waste permit fees for Class I and Class III landfills calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances. (ii) Provided, however, effective July 1, 2001, water permit and solid waste permit fee revenues may not be increased more than three percent (3%) per year. (iii) Should the amount of permit fees levied on and received from permits exceed the amounts specified in subdivision (1)(B)(i) of this section in a fiscal year, the overcollections may be retained by the division to be used to reduce permit fees in subsequent years by relative amounts. (iv) With the exception of major underground injection control wells, annual fees for no-discharge state permits will be capped at five hundred dollars ($500); (2) (A) The rules shall provide that the fees shall be assessed on a per-facility basis for the following categories of permits: (i) Air; (ii) Water; and (iii) Solid waste. (B) All annual fees for air permits issued under the state implementation plan or the rules promulgated pursuant to the Clean Air Act, 42 U.S.C. § 7401 et seq., shall be assessed in accordance with the Clean Air Act, 42 U.S.C. § 7401 et seq. (C) The rules may include a provision for appropriate adjustments in the fees to reflect carryover fee collections in excess of the administrative costs of issuance, renewal, inspection, modification, and monitoring associated with these permits. (D) Notwithstanding other provisions of this subchapter and other applicable laws, the commission is authorized to promulgate and the division is authorized to collect annual fees from facilities electing to operate under the terms and conditions of a pollution prevention plan in lieu of an air permit. The annual pollution prevention plan fee shall be equal to the fee otherwise applicable to facilities operating under an air permit; (3) The division shall collect the permit fees as established by the commission and shall deny the issuance of an initial permit, a renewal permit, or a modification permit if and when any facility subject to control by the division fails or refuses to pay the fees after reasonable notice as established by the rules promulgated under this chapter; (4) The division shall require that any fee defined in this chapter shall be paid prior to the issuance of any permit; and (5) The division is hereby authorized to promulgate such rules 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. Amended by Act 2023, No. 390,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 426, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 425, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 424, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 423, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2422, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2421, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2420, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2419, eff. 7/1/2019. Acts 1983, No. 817, § 3; A.S.A. 1947, § 82-1918; Acts 1987, No. 629, § 1; 1991, No. 789, § 1; 1993, No. 163, § 3; 1993, No. 165, § 3; 1993, No. 1254, §§ 1, 5; 1995, No. 509, § 3; 1995, No. 1056, § 1; 1997, No. 310, § 1; 1999, No. 1052, § 1; 1999, No. 1164, § 5.

The Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall have the following powers and duties, respectively:

(1) (A) Following a public hearing and based upon a record calculating the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances, the commission shall establish, by rule, reasonable fees for initial issuance, annual review, and modification of water, air, or solid waste permits required by §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-314 , 8-6-201 - 8-6-212 , 8-6-214 , and 8-9-403 . These fees shall consist of initial fees, annual fees, and modification fees, as defined in § 8-1-102 . (B) (i) All fees will be capped at no more than the appropriation. Provided, however, in setting reasonable permit fees, the commission shall: (a) Set water permit fees calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances; and (b) Set solid waste permit fees for Class I and Class III landfills calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances. (ii) Provided, however, effective July 1, 2001, water permit and solid waste permit fee revenues may not be increased more than three percent (3%) per year. (iii) Should the amount of permit fees levied on and received from permits exceed the amounts specified in subdivision (1)(B)(i) of this section in a fiscal year, the overcollections may be retained by the division to be used to reduce permit fees in subsequent years by relative amounts. (iv) With the exception of major underground injection control wells, annual fees for no-discharge state permits will be capped at five hundred dollars ($500);

(A) Following a public hearing and based upon a record calculating the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances, the commission shall establish, by rule, reasonable fees for initial issuance, annual review, and modification of water, air, or solid waste permits required by §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-314 , 8-6-201 - 8-6-212 , 8-6-214 , and 8-9-403 . These fees shall consist of initial fees, annual fees, and modification fees, as defined in § 8-1-102 .

(B) (i) All fees will be capped at no more than the appropriation. Provided, however, in setting reasonable permit fees, the commission shall: (a) Set water permit fees calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances; and (b) Set solid waste permit fees for Class I and Class III landfills calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances. (ii) Provided, however, effective July 1, 2001, water permit and solid waste permit fee revenues may not be increased more than three percent (3%) per year. (iii) Should the amount of permit fees levied on and received from permits exceed the amounts specified in subdivision (1)(B)(i) of this section in a fiscal year, the overcollections may be retained by the division to be used to reduce permit fees in subsequent years by relative amounts. (iv) With the exception of major underground injection control wells, annual fees for no-discharge state permits will be capped at five hundred dollars ($500);

(i) All fees will be capped at no more than the appropriation. Provided, however, in setting reasonable permit fees, the commission shall: (a) Set water permit fees calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances; and (b) Set solid waste permit fees for Class I and Class III landfills calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances.

(a) Set water permit fees calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances; and

(b) Set solid waste permit fees for Class I and Class III landfills calculated to generate revenues not to exceed the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances.

(ii) Provided, however, effective July 1, 2001, water permit and solid waste permit fee revenues may not be increased more than three percent (3%) per year.

(iii) Should the amount of permit fees levied on and received from permits exceed the amounts specified in subdivision (1)(B)(i) of this section in a fiscal year, the overcollections may be retained by the division to be used to reduce permit fees in subsequent years by relative amounts.

(iv) With the exception of major underground injection control wells, annual fees for no-discharge state permits will be capped at five hundred dollars ($500);

(2) (A) The rules shall provide that the fees shall be assessed on a per-facility basis for the following categories of permits: (i) Air; (ii) Water; and (iii) Solid waste. (B) All annual fees for air permits issued under the state implementation plan or the rules promulgated pursuant to the Clean Air Act, 42 U.S.C. § 7401 et seq., shall be assessed in accordance with the Clean Air Act, 42 U.S.C. § 7401 et seq. (C) The rules may include a provision for appropriate adjustments in the fees to reflect carryover fee collections in excess of the administrative costs of issuance, renewal, inspection, modification, and monitoring associated with these permits. (D) Notwithstanding other provisions of this subchapter and other applicable laws, the commission is authorized to promulgate and the division is authorized to collect annual fees from facilities electing to operate under the terms and conditions of a pollution prevention plan in lieu of an air permit. The annual pollution prevention plan fee shall be equal to the fee otherwise applicable to facilities operating under an air permit;

(A) The rules shall provide that the fees shall be assessed on a per-facility basis for the following categories of permits: (i) Air; (ii) Water; and (iii) Solid waste.

(i) Air;

(ii) Water; and

(iii) Solid waste.

(B) All annual fees for air permits issued under the state implementation plan or the rules promulgated pursuant to the Clean Air Act, 42 U.S.C. § 7401 et seq., shall be assessed in accordance with the Clean Air Act, 42 U.S.C. § 7401 et seq.

(C) The rules may include a provision for appropriate adjustments in the fees to reflect carryover fee collections in excess of the administrative costs of issuance, renewal, inspection, modification, and monitoring associated with these permits.

(D) Notwithstanding other provisions of this subchapter and other applicable laws, the commission is authorized to promulgate and the division is authorized to collect annual fees from facilities electing to operate under the terms and conditions of a pollution prevention plan in lieu of an air permit. The annual pollution prevention plan fee shall be equal to the fee otherwise applicable to facilities operating under an air permit;

(3) The division shall collect the permit fees as established by the commission and shall deny the issuance of an initial permit, a renewal permit, or a modification permit if and when any facility subject to control by the division fails or refuses to pay the fees after reasonable notice as established by the rules promulgated under this chapter;

(4) The division shall require that any fee defined in this chapter shall be paid prior to the issuance of any permit; and

(5) The division is hereby authorized to promulgate such rules 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.

Amended by Act 2023, No. 390,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 426, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 425, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 424, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 423, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2422, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2421, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2420, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2419, eff. 7/1/2019.

Acts 1983, No. 817, § 3; A.S.A. 1947, § 82-1918; Acts 1987, No. 629, § 1; 1991, No. 789, § 1; 1993, No. 163, § 3; 1993, No. 165, § 3; 1993, No. 1254, §§ 1, 5; 1995, No. 509, § 3; 1995, No. 1056, § 1; 1997, No. 310, § 1; 1999, No. 1052, § 1; 1999, No. 1164, § 5.
Ark. Code Ann. § 8-6-2007 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2007
Division power and duties
Status: in_force

(a) The Division of Environmental Quality shall develop, implement, and administer an Environmental Compliance Resource Program as provided under this subchapter and pursuant to the rules promulgated by the Arkansas Pollution Control and Ecology Commission. (b) (1) The division shall designate at least one (1) employee as a program coordinator. (2) A program coordinator shall obtain the equivalent academic training and pass the equivalent test as an environmental officer under § 8-6-2010 . (3) If an employee designated under subdivision (b)(1) of this section has met the requirements under subdivision (b)(2) of this section, the Director of the Division of Environmental Quality shall issue a technical certificate that establishes that the employee holds the equivalent credentials as an individual who is certified as an environmental officer under § 8-6-2010 . (4) An employee who is certified as an environmental officer and is a program coordinator may perform the duties of an environmental officer within the state as well as other duties assigned by the director. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) The Division of Environmental Quality shall develop, implement, and administer an Environmental Compliance Resource Program as provided under this subchapter and pursuant to the rules promulgated by the Arkansas Pollution Control and Ecology Commission.

(b) (1) The division shall designate at least one (1) employee as a program coordinator. (2) A program coordinator shall obtain the equivalent academic training and pass the equivalent test as an environmental officer under § 8-6-2010 . (3) If an employee designated under subdivision (b)(1) of this section has met the requirements under subdivision (b)(2) of this section, the Director of the Division of Environmental Quality shall issue a technical certificate that establishes that the employee holds the equivalent credentials as an individual who is certified as an environmental officer under § 8-6-2010 . (4) An employee who is certified as an environmental officer and is a program coordinator may perform the duties of an environmental officer within the state as well as other duties assigned by the director.

(1) The division shall designate at least one (1) employee as a program coordinator.

(2) A program coordinator shall obtain the equivalent academic training and pass the equivalent test as an environmental officer under § 8-6-2010 .

(3) If an employee designated under subdivision (b)(1) of this section has met the requirements under subdivision (b)(2) of this section, the Director of the Division of Environmental Quality shall issue a technical certificate that establishes that the employee holds the equivalent credentials as an individual who is certified as an environmental officer under § 8-6-2010 .

(4) An employee who is certified as an environmental officer and is a program coordinator may perform the duties of an environmental officer within the state as well as other duties assigned by the director.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-7-907 — AR Code / Title 8 / Chapter 7 / Subchapter 9 / Section 8-7-907
Payments for corrective action
Status: in_force

(a) (1) No payment for corrective action shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on corrective action for the occurrence, except in cases in which the Director of the Division of Environmental Quality is using emergency authority under § 8-7-905(e) . It is the intent of the General Assembly that this initial level of expenditure be considered the equivalent of an insurance policy deductible. (2) Owners or operators of underground storage tanks must demonstrate financial responsibility for the seven-thousand-five-hundred-dollar deductible for corrective actions. (b) Payment for corrective action shall not exceed two million dollars ($2,000,000) per occurrence. (c) All payments for corrective action expenses of the owner or operator shall be made only following proof that: (1) (A) At the time of discovery of the release the owner or operator had paid all fees required under state law or rules applicable to petroleum storage tanks. (B) If the petroleum storage tank is an aboveground storage tank, the owner or operator may be eligible for reimbursement if the aboveground storage tank is registered under § 8-7-813 and all fees required under state law or rule have been paid; (2) The corrective action expenses submitted for reimbursement consist of items and amounts that are in accord and compliant with Division of Environmental Quality rules; and (3) The owner or operator cooperated fully with the division in corrective action to address the release. (d) Payment for corrective action may be denied if the storage tank owner or operator fails to report a release as required by rule promulgated by the Arkansas Pollution Control and Ecology Commission, and the failure to report the release causes a delay in the corrective action that contributes to an adverse impact to the environment. (e) (1) The commission may provide through rule for interim payments for corrective action. (2) Interim payments shall be subject to these limitations: (A) Proof of compliance with the requirements of subdivisions (c)(1)-(3) of this section must be provided; (B) Specific assurances must be provided that an approved corrective action plan, division directive, or order is being implemented and followed to date; and (C) (i) Interim payments shall consist of payment of an amount not to exceed ninety percent (90%) of one million five hundred thousand dollars ($1,500,000). (ii) The remaining ten percent (10%) shall be released only upon final payment for corrective action concerning the occurrence. (f) (1) In the event moneys are expended from the fund for corrective action and the owner or operator was not at the time of the occurrence eligible to receive reimbursement for corrective action, as defined by this subchapter and rules promulgated under this subchapter, the division may recover from the owner or operator the amount of moneys expended from the fund for corrective action by filing an action in the appropriate circuit court or by using the administrative procedures set forth in § 8-7-804 . (2) (A) The division also has a right of subrogation: (i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that policy; and (ii) Against any third party who caused or contributed to the occurrence. (B) The right of subrogation shall apply to sites where corrective action is taken by: (i) Owners or operators; or (ii) The division. (C) As used in this subsection, "third party" does not include a former owner or operator of the site where corrective action is taken. (g) (1) Unknown petroleum storage tanks that have satisfied the requirements of subdivisions (c)(1)-(3) of this section shall be eligible for reimbursement for corrective action as provided by this section if: (A) The unknown petroleum storage tank is discovered while removing, upgrading, or replacing a petroleum storage tank meeting the requirements of subsection (c) of this section or while performing petroleum investigation or corrective action activities required by federal or state laws and the petroleum storage tank meeting the requirements of subsection (c) of this section is located on the same property or facility; or (B) The unknown petroleum storage tank is located on a right-of-way purchased by a city, county, or state governmental agency or entity and is discovered during construction in such a right-of-way. (2) Eligibility for reimbursement of unknown petroleum storage tanks will be conditioned on the payment of three hundred seventy-five dollars ($375) to the division. (h) If the owner or operator is found to have been in noncompliance with any state laws and rules and federal laws and regulations relating to storage tanks at the time of the occurrence, the division may assess a penalty in accordance with its applicable policies and procedures. (i) (1) An owner or operator determined to be eligible for payment for corrective action for a release from a qualified storage tank or the division may transfer the eligibility to a subsequent owner or operator of the qualified storage tank if the division determines that the subsequent owner or operator has the financial and legal capacity to complete the corrective action and the subsequent owner or operator agrees in writing to assume responsibility for corrective action. (2) A transfer under subdivision (i)(1) of this section shall not affect the potential liability of the owner or operator for undertaking any required corrective action. (3) The removal of the storage tank after initiation of corrective action shall not bar the transfer of eligibility as provided in subdivision (i)(1) of this section. (j) (1) A lender or secured creditor that holds ownership in a storage tank primarily to protect a security interest on the storage tank or the facility on which it is located, or both, is eligible for payment for corrective action if the lender or secured creditor assumes responsibility for completing the corrective action of a release from a qualified storage tank. (2) If an owner or operator is performing corrective action to the division's satisfaction, a lender or secured creditor is not eligible to assume responsibility for corrective action or to receive payment for corrective action. (3) Subdivisions (j)(1) and (2) of this section do not affect the liability of the owner or operator for undertaking any required corrective action. (k) (1) The commission shall provide through rule a procedure under which an owner or operator or a consultant can be eligible for payment for the purchase of equipment needed for undertaking corrective action. (2) The procedure adopted under subdivision (k)(1) of this section shall include without limitation: (A) Depreciation schedules; (B) Reasonable rent as appropriate; (C) Evaluation of residual value of equipment; and (D) Providing for reversion of equipment to the division if the responsibility for the maintenance or payment for the equipment is not met. (3) The eligibility for payment of a consultant applies only to this subsection. Amended by Act 2023, No. 422,§ 1, eff. 3/30/2023. Amended by Act 2019, No. 315,§ 674, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 673, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 672, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 671, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 670, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2820, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2819, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2818, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2817, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2816, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2815, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2814, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2813, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2812, eff. 7/1/2019. Amended by Act 2017, No. 584,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 257,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 699,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 406,§ 2, eff. 8/16/2013. Acts 1989, No. 173, § 7; 1989 (3rd Ex. Sess.), No. 65, §§ 8, 9; 1993, No. 951, § 6; 1997, No. 642, § 1; 1997, No. 1027, § 1; 1999, No. 599, § 1; 2001, No. 1471, §§ 4, 5; 2003, No. 1114, § 3; 2005, No. 670, § 2; 2005, No. 1678, § 1; 2009, No. 282, §§ 4, 5; 2011, No. 809, § 1.

(a) (1) No payment for corrective action shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on corrective action for the occurrence, except in cases in which the Director of the Division of Environmental Quality is using emergency authority under § 8-7-905(e) . It is the intent of the General Assembly that this initial level of expenditure be considered the equivalent of an insurance policy deductible. (2) Owners or operators of underground storage tanks must demonstrate financial responsibility for the seven-thousand-five-hundred-dollar deductible for corrective actions.

(1) No payment for corrective action shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on corrective action for the occurrence, except in cases in which the Director of the Division of Environmental Quality is using emergency authority under § 8-7-905(e) . It is the intent of the General Assembly that this initial level of expenditure be considered the equivalent of an insurance policy deductible.

(2) Owners or operators of underground storage tanks must demonstrate financial responsibility for the seven-thousand-five-hundred-dollar deductible for corrective actions.

(b) Payment for corrective action shall not exceed two million dollars ($2,000,000) per occurrence.

(c) All payments for corrective action expenses of the owner or operator shall be made only following proof that: (1) (A) At the time of discovery of the release the owner or operator had paid all fees required under state law or rules applicable to petroleum storage tanks. (B) If the petroleum storage tank is an aboveground storage tank, the owner or operator may be eligible for reimbursement if the aboveground storage tank is registered under § 8-7-813 and all fees required under state law or rule have been paid; (2) The corrective action expenses submitted for reimbursement consist of items and amounts that are in accord and compliant with Division of Environmental Quality rules; and (3) The owner or operator cooperated fully with the division in corrective action to address the release.

(1) (A) At the time of discovery of the release the owner or operator had paid all fees required under state law or rules applicable to petroleum storage tanks. (B) If the petroleum storage tank is an aboveground storage tank, the owner or operator may be eligible for reimbursement if the aboveground storage tank is registered under § 8-7-813 and all fees required under state law or rule have been paid;

(A) At the time of discovery of the release the owner or operator had paid all fees required under state law or rules applicable to petroleum storage tanks.

(B) If the petroleum storage tank is an aboveground storage tank, the owner or operator may be eligible for reimbursement if the aboveground storage tank is registered under § 8-7-813 and all fees required under state law or rule have been paid;

(2) The corrective action expenses submitted for reimbursement consist of items and amounts that are in accord and compliant with Division of Environmental Quality rules; and

(3) The owner or operator cooperated fully with the division in corrective action to address the release.

(d) Payment for corrective action may be denied if the storage tank owner or operator fails to report a release as required by rule promulgated by the Arkansas Pollution Control and Ecology Commission, and the failure to report the release causes a delay in the corrective action that contributes to an adverse impact to the environment.

(e) (1) The commission may provide through rule for interim payments for corrective action. (2) Interim payments shall be subject to these limitations: (A) Proof of compliance with the requirements of subdivisions (c)(1)-(3) of this section must be provided; (B) Specific assurances must be provided that an approved corrective action plan, division directive, or order is being implemented and followed to date; and (C) (i) Interim payments shall consist of payment of an amount not to exceed ninety percent (90%) of one million five hundred thousand dollars ($1,500,000). (ii) The remaining ten percent (10%) shall be released only upon final payment for corrective action concerning the occurrence.

(1) The commission may provide through rule for interim payments for corrective action.

(2) Interim payments shall be subject to these limitations: (A) Proof of compliance with the requirements of subdivisions (c)(1)-(3) of this section must be provided; (B) Specific assurances must be provided that an approved corrective action plan, division directive, or order is being implemented and followed to date; and (C) (i) Interim payments shall consist of payment of an amount not to exceed ninety percent (90%) of one million five hundred thousand dollars ($1,500,000). (ii) The remaining ten percent (10%) shall be released only upon final payment for corrective action concerning the occurrence.

(A) Proof of compliance with the requirements of subdivisions (c)(1)-(3) of this section must be provided;

(B) Specific assurances must be provided that an approved corrective action plan, division directive, or order is being implemented and followed to date; and

(C) (i) Interim payments shall consist of payment of an amount not to exceed ninety percent (90%) of one million five hundred thousand dollars ($1,500,000). (ii) The remaining ten percent (10%) shall be released only upon final payment for corrective action concerning the occurrence.

(i) Interim payments shall consist of payment of an amount not to exceed ninety percent (90%) of one million five hundred thousand dollars ($1,500,000).

(ii) The remaining ten percent (10%) shall be released only upon final payment for corrective action concerning the occurrence.

(f) (1) In the event moneys are expended from the fund for corrective action and the owner or operator was not at the time of the occurrence eligible to receive reimbursement for corrective action, as defined by this subchapter and rules promulgated under this subchapter, the division may recover from the owner or operator the amount of moneys expended from the fund for corrective action by filing an action in the appropriate circuit court or by using the administrative procedures set forth in § 8-7-804 . (2) (A) The division also has a right of subrogation: (i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that policy; and (ii) Against any third party who caused or contributed to the occurrence. (B) The right of subrogation shall apply to sites where corrective action is taken by: (i) Owners or operators; or (ii) The division. (C) As used in this subsection, "third party" does not include a former owner or operator of the site where corrective action is taken.

(1) In the event moneys are expended from the fund for corrective action and the owner or operator was not at the time of the occurrence eligible to receive reimbursement for corrective action, as defined by this subchapter and rules promulgated under this subchapter, the division may recover from the owner or operator the amount of moneys expended from the fund for corrective action by filing an action in the appropriate circuit court or by using the administrative procedures set forth in § 8-7-804 .

(2) (A) The division also has a right of subrogation: (i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that policy; and (ii) Against any third party who caused or contributed to the occurrence. (B) The right of subrogation shall apply to sites where corrective action is taken by: (i) Owners or operators; or (ii) The division. (C) As used in this subsection, "third party" does not include a former owner or operator of the site where corrective action is taken.

(A) The division also has a right of subrogation: (i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that policy; and (ii) Against any third party who caused or contributed to the occurrence.

(i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that policy; and

(ii) Against any third party who caused or contributed to the occurrence.

(B) The right of subrogation shall apply to sites where corrective action is taken by: (i) Owners or operators; or (ii) The division.

(i) Owners or operators; or

(ii) The division.

(C) As used in this subsection, "third party" does not include a former owner or operator of the site where corrective action is taken.

(g) (1) Unknown petroleum storage tanks that have satisfied the requirements of subdivisions (c)(1)-(3) of this section shall be eligible for reimbursement for corrective action as provided by this section if: (A) The unknown petroleum storage tank is discovered while removing, upgrading, or replacing a petroleum storage tank meeting the requirements of subsection (c) of this section or while performing petroleum investigation or corrective action activities required by federal or state laws and the petroleum storage tank meeting the requirements of subsection (c) of this section is located on the same property or facility; or (B) The unknown petroleum storage tank is located on a right-of-way purchased by a city, county, or state governmental agency or entity and is discovered during construction in such a right-of-way. (2) Eligibility for reimbursement of unknown petroleum storage tanks will be conditioned on the payment of three hundred seventy-five dollars ($375) to the division.

(1) Unknown petroleum storage tanks that have satisfied the requirements of subdivisions (c)(1)-(3) of this section shall be eligible for reimbursement for corrective action as provided by this section if: (A) The unknown petroleum storage tank is discovered while removing, upgrading, or replacing a petroleum storage tank meeting the requirements of subsection (c) of this section or while performing petroleum investigation or corrective action activities required by federal or state laws and the petroleum storage tank meeting the requirements of subsection (c) of this section is located on the same property or facility; or (B) The unknown petroleum storage tank is located on a right-of-way purchased by a city, county, or state governmental agency or entity and is discovered during construction in such a right-of-way.

(A) The unknown petroleum storage tank is discovered while removing, upgrading, or replacing a petroleum storage tank meeting the requirements of subsection (c) of this section or while performing petroleum investigation or corrective action activities required by federal or state laws and the petroleum storage tank meeting the requirements of subsection (c) of this section is located on the same property or facility; or

(B) The unknown petroleum storage tank is located on a right-of-way purchased by a city, county, or state governmental agency or entity and is discovered during construction in such a right-of-way.

(2) Eligibility for reimbursement of unknown petroleum storage tanks will be conditioned on the payment of three hundred seventy-five dollars ($375) to the division.

(h) If the owner or operator is found to have been in noncompliance with any state laws and rules and federal laws and regulations relating to storage tanks at the time of the occurrence, the division may assess a penalty in accordance with its applicable policies and procedures.

(i) (1) An owner or operator determined to be eligible for payment for corrective action for a release from a qualified storage tank or the division may transfer the eligibility to a subsequent owner or operator of the qualified storage tank if the division determines that the subsequent owner or operator has the financial and legal capacity to complete the corrective action and the subsequent owner or operator agrees in writing to assume responsibility for corrective action. (2) A transfer under subdivision (i)(1) of this section shall not affect the potential liability of the owner or operator for undertaking any required corrective action. (3) The removal of the storage tank after initiation of corrective action shall not bar the transfer of eligibility as provided in subdivision (i)(1) of this section.

(1) An owner or operator determined to be eligible for payment for corrective action for a release from a qualified storage tank or the division may transfer the eligibility to a subsequent owner or operator of the qualified storage tank if the division determines that the subsequent owner or operator has the financial and legal capacity to complete the corrective action and the subsequent owner or operator agrees in writing to assume responsibility for corrective action.

(2) A transfer under subdivision (i)(1) of this section shall not affect the potential liability of the owner or operator for undertaking any required corrective action.

(3) The removal of the storage tank after initiation of corrective action shall not bar the transfer of eligibility as provided in subdivision (i)(1) of this section.

(j) (1) A lender or secured creditor that holds ownership in a storage tank primarily to protect a security interest on the storage tank or the facility on which it is located, or both, is eligible for payment for corrective action if the lender or secured creditor assumes responsibility for completing the corrective action of a release from a qualified storage tank. (2) If an owner or operator is performing corrective action to the division's satisfaction, a lender or secured creditor is not eligible to assume responsibility for corrective action or to receive payment for corrective action. (3) Subdivisions (j)(1) and (2) of this section do not affect the liability of the owner or operator for undertaking any required corrective action.

(1) A lender or secured creditor that holds ownership in a storage tank primarily to protect a security interest on the storage tank or the facility on which it is located, or both, is eligible for payment for corrective action if the lender or secured creditor assumes responsibility for completing the corrective action of a release from a qualified storage tank.

(2) If an owner or operator is performing corrective action to the division's satisfaction, a lender or secured creditor is not eligible to assume responsibility for corrective action or to receive payment for corrective action.

(3) Subdivisions (j)(1) and (2) of this section do not affect the liability of the owner or operator for undertaking any required corrective action.

(k) (1) The commission shall provide through rule a procedure under which an owner or operator or a consultant can be eligible for payment for the purchase of equipment needed for undertaking corrective action. (2) The procedure adopted under subdivision (k)(1) of this section shall include without limitation: (A) Depreciation schedules; (B) Reasonable rent as appropriate; (C) Evaluation of residual value of equipment; and (D) Providing for reversion of equipment to the division if the responsibility for the maintenance or payment for the equipment is not met. (3) The eligibility for payment of a consultant applies only to this subsection.

(1) The commission shall provide through rule a procedure under which an owner or operator or a consultant can be eligible for payment for the purchase of equipment needed for undertaking corrective action.

(2) The procedure adopted under subdivision (k)(1) of this section shall include without limitation: (A) Depreciation schedules; (B) Reasonable rent as appropriate; (C) Evaluation of residual value of equipment; and (D) Providing for reversion of equipment to the division if the responsibility for the maintenance or payment for the equipment is not met.

(A) Depreciation schedules;

(B) Reasonable rent as appropriate;

(C) Evaluation of residual value of equipment; and

(D) Providing for reversion of equipment to the division if the responsibility for the maintenance or payment for the equipment is not met.

(3) The eligibility for payment of a consultant applies only to this subsection.

Amended by Act 2023, No. 422,§ 1, eff. 3/30/2023.

Amended by Act 2019, No. 315,§ 674, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 673, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 672, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 671, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 670, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2820, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2819, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2818, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2817, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2816, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2815, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2814, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2813, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2812, eff. 7/1/2019.

Amended by Act 2017, No. 584,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 257,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 699,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 406,§ 2, eff. 8/16/2013.

Acts 1989, No. 173, § 7; 1989 (3rd Ex. Sess.), No. 65, §§ 8, 9; 1993, No. 951, § 6; 1997, No. 642, § 1; 1997, No. 1027, § 1; 1999, No. 599, § 1; 2001, No. 1471, §§ 4, 5; 2003, No. 1114, § 3; 2005, No. 670, § 2; 2005, No. 1678, § 1; 2009, No. 282, §§ 4, 5; 2011, No. 809, § 1.
Ark. Code Ann. § 8-1-306 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-306
Stipulation
Status: in_force

The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under § 8-1-303 . Acts 1995, No. 350, § 1.

The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under § 8-1-303 .

Acts 1995, No. 350, § 1.