Ark. Code Ann. § 8-6-214 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-214
Records and examinations
Status: in_force

(a) The owner or operator of any permitted facility or site shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, take such samples, perform such tests, and provide such other information to the Division of Environmental Quality as the Director of the Division of Environmental Quality may reasonably require. (b) The division or any authorized employee or agent may examine and copy any books, papers, records, or memoranda pertaining to the operation of the facility or site. (c) The division or any authorized employee or agent may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations necessary or appropriate for the purpose of this subchapter. (d) (1) (A) Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying. (B) Upon a satisfactory showing to the director that the records, reports, permits, documentation, or information, or any part thereof, if made public, would divulge methods or processes entitled to protection as trade secrets, then the director shall consider, treat, and protect such records, reports, or information as confidential. (2) (A) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing restriction of confidentiality to other officers, employees, or authorized representatives of this state or of the United States if the owner or operator of the facility to which the information pertains is informed at least two (2) weeks prior to the transmittal and if the information has been acquired by the division under the provisions of this subchapter. (B) The provisions of this subdivision (d)(2) shall not be construed to limit the division's authority to release confidential information during emergency situations. (3) Any violation of this subsection shall be unlawful and constitute a misdemeanor. Amended by Act 2019, No. 910,§ 2608, eff. 7/1/2019. Acts 1971, No. 237, § 9; 1983, No. 666, § 1; A.S.A. 1947, § 82-2709; Acts 1999, No. 1164, § 63.

(a) The owner or operator of any permitted facility or site shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, take such samples, perform such tests, and provide such other information to the Division of Environmental Quality as the Director of the Division of Environmental Quality may reasonably require.

(b) The division or any authorized employee or agent may examine and copy any books, papers, records, or memoranda pertaining to the operation of the facility or site.

(c) The division or any authorized employee or agent may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations necessary or appropriate for the purpose of this subchapter.

(d) (1) (A) Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying. (B) Upon a satisfactory showing to the director that the records, reports, permits, documentation, or information, or any part thereof, if made public, would divulge methods or processes entitled to protection as trade secrets, then the director shall consider, treat, and protect such records, reports, or information as confidential. (2) (A) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing restriction of confidentiality to other officers, employees, or authorized representatives of this state or of the United States if the owner or operator of the facility to which the information pertains is informed at least two (2) weeks prior to the transmittal and if the information has been acquired by the division under the provisions of this subchapter. (B) The provisions of this subdivision (d)(2) shall not be construed to limit the division's authority to release confidential information during emergency situations. (3) Any violation of this subsection shall be unlawful and constitute a misdemeanor.

(1) (A) Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying. (B) Upon a satisfactory showing to the director that the records, reports, permits, documentation, or information, or any part thereof, if made public, would divulge methods or processes entitled to protection as trade secrets, then the director shall consider, treat, and protect such records, reports, or information as confidential.

(A) Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying.

(B) Upon a satisfactory showing to the director that the records, reports, permits, documentation, or information, or any part thereof, if made public, would divulge methods or processes entitled to protection as trade secrets, then the director shall consider, treat, and protect such records, reports, or information as confidential.

(2) (A) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing restriction of confidentiality to other officers, employees, or authorized representatives of this state or of the United States if the owner or operator of the facility to which the information pertains is informed at least two (2) weeks prior to the transmittal and if the information has been acquired by the division under the provisions of this subchapter. (B) The provisions of this subdivision (d)(2) shall not be construed to limit the division's authority to release confidential information during emergency situations.

(A) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing restriction of confidentiality to other officers, employees, or authorized representatives of this state or of the United States if the owner or operator of the facility to which the information pertains is informed at least two (2) weeks prior to the transmittal and if the information has been acquired by the division under the provisions of this subchapter.

(B) The provisions of this subdivision (d)(2) shall not be construed to limit the division's authority to release confidential information during emergency situations.

(3) Any violation of this subsection shall be unlawful and constitute a misdemeanor.

Amended by Act 2019, No. 910,§ 2608, eff. 7/1/2019.

Acts 1971, No. 237, § 9; 1983, No. 666, § 1; A.S.A. 1947, § 82-2709; Acts 1999, No. 1164, § 63.
Ark. Code Ann. § 8-6-708 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-708
Procedures and rules
Status: in_force

The Arkansas Pollution Control and Ecology Commission is authorized to prescribe procedures and rules: (1) To guide the initial and continued organization and operation of the respective regional solid waste management boards in accordance with the purposes of this subchapter and § 8-6-801 et seq.; (2) To assure public notice and participation prior to adoption of regional needs assessments, findings, or reports made by the boards; (3) To defray some of the costs of the administration of this subchapter, including, but not limited to, inspections and technical review of submissions required by this subchapter by setting graduated surcharges upon any waste stream increase in excess of ten percent (10%) as a result of receipt of solid waste from outside the regional solid waste management district; and (4) To require prompt compliance with the requirements of this subchapter and § 8-6-801 et seq. Amended by Act 2019, No. 315,§ 550, eff. 7/24/2019. Acts 1989, No. 870, § 10; 1991, No. 752, § 2.

The Arkansas Pollution Control and Ecology Commission is authorized to prescribe procedures and rules:

(1) To guide the initial and continued organization and operation of the respective regional solid waste management boards in accordance with the purposes of this subchapter and § 8-6-801 et seq.;

(2) To assure public notice and participation prior to adoption of regional needs assessments, findings, or reports made by the boards;

(3) To defray some of the costs of the administration of this subchapter, including, but not limited to, inspections and technical review of submissions required by this subchapter by setting graduated surcharges upon any waste stream increase in excess of ten percent (10%) as a result of receipt of solid waste from outside the regional solid waste management district; and

(4) To require prompt compliance with the requirements of this subchapter and § 8-6-801 et seq.

Amended by Act 2019, No. 315,§ 550, eff. 7/24/2019.

Acts 1989, No. 870, § 10; 1991, No. 752, § 2.
Ark. Code Ann. § 8-15-102 — AR Code / Title 8 / Chapter 15 / Section 8-15-102
Definitions
Status: in_force

As used in this chapter: (1) (A) "Bond" means a revenue bond or note issued under this chapter. (B) "Bond" includes any other financial obligation authorized by this chapter, the laws of this state, or the Arkansas Constitution; (2) "District" means a property assessed energy improvement district established in this state by law for the express purpose of managing the PACE program; (3) "Governmental entity" means a municipality, county, combination of cities or counties or both, or statewide district; (4) "Owner" means an individual, partnership, association, corporation, or other legal entity that is recognized by law and has title or interest in any real property; (5) "PACE program" means a property assessed clean energy program under which a real property owner can finance an energy efficiency improvement, a renewable energy project, and a water conservation improvement on the real property; and (6) "Person" means an individual, partnership, association, corporation, or other legal entity recognized by law as having the power to contract. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

As used in this chapter:

(1) (A) "Bond" means a revenue bond or note issued under this chapter. (B) "Bond" includes any other financial obligation authorized by this chapter, the laws of this state, or the Arkansas Constitution;

(A) "Bond" means a revenue bond or note issued under this chapter.

(B) "Bond" includes any other financial obligation authorized by this chapter, the laws of this state, or the Arkansas Constitution;

(2) "District" means a property assessed energy improvement district established in this state by law for the express purpose of managing the PACE program;

(3) "Governmental entity" means a municipality, county, combination of cities or counties or both, or statewide district;

(4) "Owner" means an individual, partnership, association, corporation, or other legal entity that is recognized by law and has title or interest in any real property;

(5) "PACE program" means a property assessed clean energy program under which a real property owner can finance an energy efficiency improvement, a renewable energy project, and a water conservation improvement on the real property; and

(6) "Person" means an individual, partnership, association, corporation, or other legal entity recognized by law as having the power to contract.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-6-901 — AR Code / Title 8 / Chapter 6 / Subchapter 9 / Section 8-6-901
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "License" means a certificate of competency issued by the Director of the Division of Environmental Quality to solid waste management facility operators who have met the requirements of the licensing program; (3) "Licensing committee" means the committee of solid waste management facility managers, operators, or technicians established in this subchapter to assist and advise the commission and the Division of Environmental Quality in the examining and licensing of operators of solid waste management facilities; (4) (A) "Operator" means any person who performs operation of a solid waste management facility requiring individual judgment which may directly affect the proper operation of the solid waste management facility. (B) "Operator" does not include an official solely exercising general administrative supervision; (5) "Operator-in-training" means an employee of a solid waste management facility who has been issued an apprenticeship license by the director; (6) "Provisional certificate" means a document issued to an operator by the director allowing an individual to operate at a facility while working to fulfill the licensing requirements; (7) (A) "Recovered materials" means: (i) Metal; (ii) Paper; (iii) Glass; (iv) Plastic; (v) Textiles; (vi) Yard trimmings not destined for composting; or (vii) Rubber materials which are not waste tires or waste tire residuals, that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other but do not include materials destined for any use that constitutes disposal. (B) "Recovered materials" are not solid waste; (8) "Sanitary landfill" means any place for which a permit for disposal of solid waste on land is required under the provisions of this chapter; (9) (A) "Solid waste disposal facility" means any place at which solid waste is dumped, abandoned, accepted, or disposed of for final disposition by incineration, landfilling, composting, or other method. (B) Wastewater treatment plants permitted under the National Pollutant Discharge Elimination System and units at hazardous waste management facilities permitted under the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the Arkansas Hazardous Waste Management Code shall not be deemed to be disposal sites or facilities for the purpose of this subchapter; and (10) (A) "Solid waste management facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for storage, collection, transportation, processing, treatment, or disposal of solid waste. (B) (i) For purposes of this subchapter, facilities engaged solely in the recycling of source-separated materials are excluded. (ii) Also excluded are processes, operations, and facilities that are regulated pursuant to hazardous waste rules and regulations which are not regulated pursuant to solid waste rules and regulations. Amended by Act 2019, No. 1067,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 1067,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2662, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2661, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2660, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2659, eff. 7/1/2019. Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1207, § 3; 1997, No. 1254, § 1; 1999, No. 1164, § 75; 2005, No. 728, § 1; 2009, No. 1199, § 9.

As used in this subchapter:

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

(2) "License" means a certificate of competency issued by the Director of the Division of Environmental Quality to solid waste management facility operators who have met the requirements of the licensing program;

(3) "Licensing committee" means the committee of solid waste management facility managers, operators, or technicians established in this subchapter to assist and advise the commission and the Division of Environmental Quality in the examining and licensing of operators of solid waste management facilities;

(4) (A) "Operator" means any person who performs operation of a solid waste management facility requiring individual judgment which may directly affect the proper operation of the solid waste management facility. (B) "Operator" does not include an official solely exercising general administrative supervision;

(A) "Operator" means any person who performs operation of a solid waste management facility requiring individual judgment which may directly affect the proper operation of the solid waste management facility.

(B) "Operator" does not include an official solely exercising general administrative supervision;

(5) "Operator-in-training" means an employee of a solid waste management facility who has been issued an apprenticeship license by the director;

(6) "Provisional certificate" means a document issued to an operator by the director allowing an individual to operate at a facility while working to fulfill the licensing requirements;

(7) (A) "Recovered materials" means: (i) Metal; (ii) Paper; (iii) Glass; (iv) Plastic; (v) Textiles; (vi) Yard trimmings not destined for composting; or (vii) Rubber materials which are not waste tires or waste tire residuals, that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other but do not include materials destined for any use that constitutes disposal. (B) "Recovered materials" are not solid waste;

(A) "Recovered materials" means: (i) Metal; (ii) Paper; (iii) Glass; (iv) Plastic; (v) Textiles; (vi) Yard trimmings not destined for composting; or (vii) Rubber materials which are not waste tires or waste tire residuals, that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other but do not include materials destined for any use that constitutes disposal.

(i) Metal;

(ii) Paper;

(iii) Glass;

(iv) Plastic;

(v) Textiles;

(vi) Yard trimmings not destined for composting; or

(vii) Rubber materials which are not waste tires or waste tire residuals, that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other but do not include materials destined for any use that constitutes disposal.

that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other but do not include materials destined for any use that constitutes disposal.

(B) "Recovered materials" are not solid waste;

(8) "Sanitary landfill" means any place for which a permit for disposal of solid waste on land is required under the provisions of this chapter;

(9) (A) "Solid waste disposal facility" means any place at which solid waste is dumped, abandoned, accepted, or disposed of for final disposition by incineration, landfilling, composting, or other method. (B) Wastewater treatment plants permitted under the National Pollutant Discharge Elimination System and units at hazardous waste management facilities permitted under the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the Arkansas Hazardous Waste Management Code shall not be deemed to be disposal sites or facilities for the purpose of this subchapter; and

(A) "Solid waste disposal facility" means any place at which solid waste is dumped, abandoned, accepted, or disposed of for final disposition by incineration, landfilling, composting, or other method.

(B) Wastewater treatment plants permitted under the National Pollutant Discharge Elimination System and units at hazardous waste management facilities permitted under the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the Arkansas Hazardous Waste Management Code shall not be deemed to be disposal sites or facilities for the purpose of this subchapter; and

(10) (A) "Solid waste management facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for storage, collection, transportation, processing, treatment, or disposal of solid waste. (B) (i) For purposes of this subchapter, facilities engaged solely in the recycling of source-separated materials are excluded. (ii) Also excluded are processes, operations, and facilities that are regulated pursuant to hazardous waste rules and regulations which are not regulated pursuant to solid waste rules and regulations.

(A) "Solid waste management facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for storage, collection, transportation, processing, treatment, or disposal of solid waste.

(B) (i) For purposes of this subchapter, facilities engaged solely in the recycling of source-separated materials are excluded. (ii) Also excluded are processes, operations, and facilities that are regulated pursuant to hazardous waste rules and regulations which are not regulated pursuant to solid waste rules and regulations.

(i) For purposes of this subchapter, facilities engaged solely in the recycling of source-separated materials are excluded.

(ii) Also excluded are processes, operations, and facilities that are regulated pursuant to hazardous waste rules and regulations which are not regulated pursuant to solid waste rules and regulations.

Amended by Act 2019, No. 1067,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 1067,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2662, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2661, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2660, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2659, eff. 7/1/2019.

Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1207, § 3; 1997, No. 1254, § 1; 1999, No. 1164, § 75; 2005, No. 728, § 1; 2009, No. 1199, § 9.
Ark. Code Ann. § 8-6-1006 — AR Code / Title 8 / Chapter 6 / Subchapter 10 / Section 8-6-1006
Findings
Status: in_force

The General Assembly finds that: (1) A growing number of regional solid waste management districts within the state are facing difficulty in funding the necessary costs of post-closure care of landfills owned by the districts; and (2) Without post-closure care of landfills, irreparable harm to human health and the environment will occur. Added by Act 2023, No. 570,§ 48, eff. 7/1/2023.

The General Assembly finds that:

(1) A growing number of regional solid waste management districts within the state are facing difficulty in funding the necessary costs of post-closure care of landfills owned by the districts; and

(2) Without post-closure care of landfills, irreparable harm to human health and the environment will occur.

Added by Act 2023, No. 570,§ 48, eff. 7/1/2023.
Ark. Code Ann. § 8-3-208 — AR Code / Title 8 / Chapter 3 / Subchapter 2 / Section 8-3-208
Rate and reliability safety valve
Status: in_force

(a) If a state plan approved under this subchapter would result in a significant increase in the total electric or natural gas bill annually for any customer class as determined by the Arkansas Public Service Commission, the Division of Environmental Quality shall initiate development of a revised state plan that reduces the financial impacts to any customer class as determined under § 8-3-205 in accordance with the procedures outlined in § 8-4-317 . (b) The state plan previously approved by the United States Environmental Protection Agency shall remain in effect while the revised state plan required under subsection (a) of this section is being developed, approved by the Legislative Council, and submitted by the Governor to the United States Environmental Protection Agency and until the revised state plan is approved by the United States Environmental Protection Agency. Amended by Act 2021, No. 639,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 934,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2466, eff. 7/1/2019. Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

(a) If a state plan approved under this subchapter would result in a significant increase in the total electric or natural gas bill annually for any customer class as determined by the Arkansas Public Service Commission, the Division of Environmental Quality shall initiate development of a revised state plan that reduces the financial impacts to any customer class as determined under § 8-3-205 in accordance with the procedures outlined in § 8-4-317 .

(b) The state plan previously approved by the United States Environmental Protection Agency shall remain in effect while the revised state plan required under subsection (a) of this section is being developed, approved by the Legislative Council, and submitted by the Governor to the United States Environmental Protection Agency and until the revised state plan is approved by the United States Environmental Protection Agency.

Amended by Act 2021, No. 639,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 934,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2466, eff. 7/1/2019.

Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 8-6-418 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-418
Possession or use of glass containers on navigable waterways - Definitions
Status: in_force

(a) (1) Except for containers for medicinal substances contained in a first-aid kit or prescribed by a licensed physician, and except as provided under subdivision (a)(2) of this section, no person shall possess or use glass containers within a vessel within the banks of Arkansas's navigable waterways. (2) A person engaged in removing glass previously discarded by others and found within the banks of an Arkansas navigable waterway may not be charged with a violation of this section on the basis of possession of glass, if while underway and upon a waterway, he or she transports the removed glass securely in a trash container. (b) (1) A person entering, traveling upon, or otherwise using Arkansas's navigable waterways by canoe, kayak, innertube, or other vessel easily susceptible to swamping, tipping, rolling, or otherwise discharging its contents into a waterway, and transporting foodstuffs or beverages shall: (A) Transport all foodstuffs and beverages in a sturdy container and ensure that the sturdy container is made to seal or lock in the contents to prevent the contents from spilling into the water; (B) (i) Carry and affix to the vessel a trash container or bag suitable for containing his or her refuse, waste, and trash materials and capable of being securely closed. (ii) The trash container or bag shall be either a sturdy container, of a construction similar to a sturdy container, or a bag of mesh construction; (C) (i) Except as provided under subdivision (b)(1)(C)(ii) of this section, transport all his or her refuse, waste, and trash either in a sturdy container or in a trash container to a place where the refuse, waste, and trash may be safely and lawfully disposed of. (ii) A person engaged in removing items of refuse, waste, and trash materials previously discarded by others and found by him or her within the banks of an Arkansas navigable waterway and that are too large to be transported in a trash container or bag, may not be charged with a violation of this section on the basis of possession and transportation of the refuse, waste, and trash; and (D) At all times other than when a beverage is securely contained in a sturdy container or a trash container as in subdivisions (b)(1)(A)-(C) of this section, keep the beverage attached to or held within a floating holder or other device designed to prevent the beverage from sinking beneath the surface of the waterway. (2) Neither a sturdy container nor a trash container may be required of a person traveling without foodstuffs or beverages. (c) (1) A violation of this section is a violation and each violation may be prosecuted as a separate offense. (2) Each violation of this section is punishable by a fine of not more than five hundred dollars ($500). (d) As used in this section: (1) "Navigable waterway" means any navigable river, lake, or other body of water used or susceptible to being used in its natural condition by canoe, kayak, innertube, or other vessel easily susceptible to swamping, tipping, or rolling, and located wholly or partly within this state; (2) "Sturdy container" does not include a container that is: (A) Primarily constructed of styrofoam; or (B) So constructed that it may be easily broken; and (3) "Vessel" does not include a houseboat, party barge, johnboat, runabout, ski boat, bass boat, or similar craft not easily susceptible to swamping, tipping, or rolling. Amended by Act 2019, No. 693,§ 14, eff. 7/24/2019. Acts 2001, No. 803, § 1; 2003, No. 1101, § 1.

(a) (1) Except for containers for medicinal substances contained in a first-aid kit or prescribed by a licensed physician, and except as provided under subdivision (a)(2) of this section, no person shall possess or use glass containers within a vessel within the banks of Arkansas's navigable waterways. (2) A person engaged in removing glass previously discarded by others and found within the banks of an Arkansas navigable waterway may not be charged with a violation of this section on the basis of possession of glass, if while underway and upon a waterway, he or she transports the removed glass securely in a trash container.

(1) Except for containers for medicinal substances contained in a first-aid kit or prescribed by a licensed physician, and except as provided under subdivision (a)(2) of this section, no person shall possess or use glass containers within a vessel within the banks of Arkansas's navigable waterways.

(2) A person engaged in removing glass previously discarded by others and found within the banks of an Arkansas navigable waterway may not be charged with a violation of this section on the basis of possession of glass, if while underway and upon a waterway, he or she transports the removed glass securely in a trash container.

(b) (1) A person entering, traveling upon, or otherwise using Arkansas's navigable waterways by canoe, kayak, innertube, or other vessel easily susceptible to swamping, tipping, rolling, or otherwise discharging its contents into a waterway, and transporting foodstuffs or beverages shall: (A) Transport all foodstuffs and beverages in a sturdy container and ensure that the sturdy container is made to seal or lock in the contents to prevent the contents from spilling into the water; (B) (i) Carry and affix to the vessel a trash container or bag suitable for containing his or her refuse, waste, and trash materials and capable of being securely closed. (ii) The trash container or bag shall be either a sturdy container, of a construction similar to a sturdy container, or a bag of mesh construction; (C) (i) Except as provided under subdivision (b)(1)(C)(ii) of this section, transport all his or her refuse, waste, and trash either in a sturdy container or in a trash container to a place where the refuse, waste, and trash may be safely and lawfully disposed of. (ii) A person engaged in removing items of refuse, waste, and trash materials previously discarded by others and found by him or her within the banks of an Arkansas navigable waterway and that are too large to be transported in a trash container or bag, may not be charged with a violation of this section on the basis of possession and transportation of the refuse, waste, and trash; and (D) At all times other than when a beverage is securely contained in a sturdy container or a trash container as in subdivisions (b)(1)(A)-(C) of this section, keep the beverage attached to or held within a floating holder or other device designed to prevent the beverage from sinking beneath the surface of the waterway. (2) Neither a sturdy container nor a trash container may be required of a person traveling without foodstuffs or beverages.

(1) A person entering, traveling upon, or otherwise using Arkansas's navigable waterways by canoe, kayak, innertube, or other vessel easily susceptible to swamping, tipping, rolling, or otherwise discharging its contents into a waterway, and transporting foodstuffs or beverages shall: (A) Transport all foodstuffs and beverages in a sturdy container and ensure that the sturdy container is made to seal or lock in the contents to prevent the contents from spilling into the water; (B) (i) Carry and affix to the vessel a trash container or bag suitable for containing his or her refuse, waste, and trash materials and capable of being securely closed. (ii) The trash container or bag shall be either a sturdy container, of a construction similar to a sturdy container, or a bag of mesh construction; (C) (i) Except as provided under subdivision (b)(1)(C)(ii) of this section, transport all his or her refuse, waste, and trash either in a sturdy container or in a trash container to a place where the refuse, waste, and trash may be safely and lawfully disposed of. (ii) A person engaged in removing items of refuse, waste, and trash materials previously discarded by others and found by him or her within the banks of an Arkansas navigable waterway and that are too large to be transported in a trash container or bag, may not be charged with a violation of this section on the basis of possession and transportation of the refuse, waste, and trash; and (D) At all times other than when a beverage is securely contained in a sturdy container or a trash container as in subdivisions (b)(1)(A)-(C) of this section, keep the beverage attached to or held within a floating holder or other device designed to prevent the beverage from sinking beneath the surface of the waterway.

(A) Transport all foodstuffs and beverages in a sturdy container and ensure that the sturdy container is made to seal or lock in the contents to prevent the contents from spilling into the water;

(B) (i) Carry and affix to the vessel a trash container or bag suitable for containing his or her refuse, waste, and trash materials and capable of being securely closed. (ii) The trash container or bag shall be either a sturdy container, of a construction similar to a sturdy container, or a bag of mesh construction;

(i) Carry and affix to the vessel a trash container or bag suitable for containing his or her refuse, waste, and trash materials and capable of being securely closed.

(ii) The trash container or bag shall be either a sturdy container, of a construction similar to a sturdy container, or a bag of mesh construction;

(C) (i) Except as provided under subdivision (b)(1)(C)(ii) of this section, transport all his or her refuse, waste, and trash either in a sturdy container or in a trash container to a place where the refuse, waste, and trash may be safely and lawfully disposed of. (ii) A person engaged in removing items of refuse, waste, and trash materials previously discarded by others and found by him or her within the banks of an Arkansas navigable waterway and that are too large to be transported in a trash container or bag, may not be charged with a violation of this section on the basis of possession and transportation of the refuse, waste, and trash; and

(i) Except as provided under subdivision (b)(1)(C)(ii) of this section, transport all his or her refuse, waste, and trash either in a sturdy container or in a trash container to a place where the refuse, waste, and trash may be safely and lawfully disposed of.

(ii) A person engaged in removing items of refuse, waste, and trash materials previously discarded by others and found by him or her within the banks of an Arkansas navigable waterway and that are too large to be transported in a trash container or bag, may not be charged with a violation of this section on the basis of possession and transportation of the refuse, waste, and trash; and

(D) At all times other than when a beverage is securely contained in a sturdy container or a trash container as in subdivisions (b)(1)(A)-(C) of this section, keep the beverage attached to or held within a floating holder or other device designed to prevent the beverage from sinking beneath the surface of the waterway.

(2) Neither a sturdy container nor a trash container may be required of a person traveling without foodstuffs or beverages.

(c) (1) A violation of this section is a violation and each violation may be prosecuted as a separate offense. (2) Each violation of this section is punishable by a fine of not more than five hundred dollars ($500).

(1) A violation of this section is a violation and each violation may be prosecuted as a separate offense.

(2) Each violation of this section is punishable by a fine of not more than five hundred dollars ($500).

(d) As used in this section: (1) "Navigable waterway" means any navigable river, lake, or other body of water used or susceptible to being used in its natural condition by canoe, kayak, innertube, or other vessel easily susceptible to swamping, tipping, or rolling, and located wholly or partly within this state; (2) "Sturdy container" does not include a container that is: (A) Primarily constructed of styrofoam; or (B) So constructed that it may be easily broken; and (3) "Vessel" does not include a houseboat, party barge, johnboat, runabout, ski boat, bass boat, or similar craft not easily susceptible to swamping, tipping, or rolling.

(1) "Navigable waterway" means any navigable river, lake, or other body of water used or susceptible to being used in its natural condition by canoe, kayak, innertube, or other vessel easily susceptible to swamping, tipping, or rolling, and located wholly or partly within this state;

(2) "Sturdy container" does not include a container that is: (A) Primarily constructed of styrofoam; or (B) So constructed that it may be easily broken; and

(A) Primarily constructed of styrofoam; or

(B) So constructed that it may be easily broken; and

(3) "Vessel" does not include a houseboat, party barge, johnboat, runabout, ski boat, bass boat, or similar craft not easily susceptible to swamping, tipping, or rolling.

Amended by Act 2019, No. 693,§ 14, eff. 7/24/2019.

Acts 2001, No. 803, § 1; 2003, No. 1101, § 1.
Ark. Code Ann. § 8-9-501 — AR Code / Title 8 / Chapter 9 / Subchapter 5 / Section 8-9-501
[Repealed]
Status: repealed

Repealed by Act 2019, No. 976,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1067,§ 6, eff. 8/1/2017. Acts 1993, No. 991, § 1.

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

Amended by Act 2017, No. 1067,§ 6, eff. 8/1/2017.

Acts 1993, No. 991, § 1.
Ark. Code Ann. § 8-7-220 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-220
Permits - Duration - Renewal
Status: in_force

(a) Permits shall be issued for a period not to exceed ten (10) years. However, land disposal permits shall be reviewed five (5) years from the date of issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable laws and rules. (b) Permits shall be subject to renewal by the Division of Environmental Quality upon a showing that the facility has been operated in accordance with the terms of the permit, the rules applicable to such facility, and in compliance with all other provisions of this subchapter. (c) Nothing in this section shall preclude a permit from being reviewed and modified at any time during its term. Amended by Act 2019, No. 315,§ 617, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2736, eff. 7/1/2019. Acts 1979, No. 406, § 5; 1985, No. 920, § 1; A.S.A. 1947, § 82-4205; Acts 1999, No. 1164, § 92.

(a) Permits shall be issued for a period not to exceed ten (10) years. However, land disposal permits shall be reviewed five (5) years from the date of issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable laws and rules.

(b) Permits shall be subject to renewal by the Division of Environmental Quality upon a showing that the facility has been operated in accordance with the terms of the permit, the rules applicable to such facility, and in compliance with all other provisions of this subchapter.

(c) Nothing in this section shall preclude a permit from being reviewed and modified at any time during its term.

Amended by Act 2019, No. 315,§ 617, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2736, eff. 7/1/2019.

Acts 1979, No. 406, § 5; 1985, No. 920, § 1; A.S.A. 1947, § 82-4205; Acts 1999, No. 1164, § 92.
Ark. Code Ann. § 8-6-720 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-720
Opportunity to recycle - Recyclable materials collection centers - Definition
Status: in_force

(a) (1) Each regional solid waste management board shall ensure that its residents have an opportunity to recycle. (2) At least one (1) recyclable materials collection center shall be available in each county of a regional solid waste management district unless the Arkansas Pollution Control and Ecology Commission grants the district an exemption. An exemption may be granted if a county is adequately served by a recyclable materials collection center in another county. (3) Boards shall assess the operation of existing and proposed recycling centers and materials recovery facilities to determine the adequacy of the existing and proposed recycling centers and materials recovery facilities for the collection and recovery of recyclable materials. Boards shall give due consideration to existing recycling facilities in ensuring the opportunity to recycle and are encouraged to use, to the extent practicable, persons engaged in the business of recycling on March 26, 1991, whether or not the persons were operating for profit. (4) As used in this subsection, "opportunity to recycle" means availability of curbside pickup or collection centers for recyclable materials at sites that are convenient for persons to use. (b) The Division of Environmental Quality shall determine by rule the adequacy of the facilities and the number and type of recyclable materials for which the services in this section must be provided. (c) Each board shall provide information on how, when, and where materials may be recycled, including a promotional program that encourages source separation of residential, commercial, industrial, and institutional materials. (d) Each board should ensure, alone or in conjunction with other boards, that materials separated for recycling are taken to markets for sale or to materials recovery facilities. (e) (1) A board shall not prevent a person generating or collecting recyclable materials from delivering the recyclable materials to a recycling facility of the generator's or collector's choice. (2) However, no person shall divert to personal use or commercial purpose any recyclable materials placed in a container as a part of a regional recycling program without the consent of the generator or the collector. (3) Any person who pleads guilty or nolo contendere to or is found guilty of unlawfully diverting recyclable materials under a regional recycling program shall be guilty of a Class C misdemeanor. (f) Each board shall incorporate into its solid waste management plan its proposal for fulfilling the obligations of this section. (g) Nothing in this section shall be construed to prohibit the planning or implementation of any regional recycling program prior to compliance with the requirements of subsection (f) of this section. Amended by Act 2019, No. 315,§ 557, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 16, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2656, eff. 7/1/2019. Acts 1991, No. 752, § 2; 2001, No. 1720, § 4.

(a) (1) Each regional solid waste management board shall ensure that its residents have an opportunity to recycle. (2) At least one (1) recyclable materials collection center shall be available in each county of a regional solid waste management district unless the Arkansas Pollution Control and Ecology Commission grants the district an exemption. An exemption may be granted if a county is adequately served by a recyclable materials collection center in another county. (3) Boards shall assess the operation of existing and proposed recycling centers and materials recovery facilities to determine the adequacy of the existing and proposed recycling centers and materials recovery facilities for the collection and recovery of recyclable materials. Boards shall give due consideration to existing recycling facilities in ensuring the opportunity to recycle and are encouraged to use, to the extent practicable, persons engaged in the business of recycling on March 26, 1991, whether or not the persons were operating for profit. (4) As used in this subsection, "opportunity to recycle" means availability of curbside pickup or collection centers for recyclable materials at sites that are convenient for persons to use.

(1) Each regional solid waste management board shall ensure that its residents have an opportunity to recycle.

(2) At least one (1) recyclable materials collection center shall be available in each county of a regional solid waste management district unless the Arkansas Pollution Control and Ecology Commission grants the district an exemption. An exemption may be granted if a county is adequately served by a recyclable materials collection center in another county.

(3) Boards shall assess the operation of existing and proposed recycling centers and materials recovery facilities to determine the adequacy of the existing and proposed recycling centers and materials recovery facilities for the collection and recovery of recyclable materials. Boards shall give due consideration to existing recycling facilities in ensuring the opportunity to recycle and are encouraged to use, to the extent practicable, persons engaged in the business of recycling on March 26, 1991, whether or not the persons were operating for profit.

(4) As used in this subsection, "opportunity to recycle" means availability of curbside pickup or collection centers for recyclable materials at sites that are convenient for persons to use.

(b) The Division of Environmental Quality shall determine by rule the adequacy of the facilities and the number and type of recyclable materials for which the services in this section must be provided.

(c) Each board shall provide information on how, when, and where materials may be recycled, including a promotional program that encourages source separation of residential, commercial, industrial, and institutional materials.

(d) Each board should ensure, alone or in conjunction with other boards, that materials separated for recycling are taken to markets for sale or to materials recovery facilities.

(e) (1) A board shall not prevent a person generating or collecting recyclable materials from delivering the recyclable materials to a recycling facility of the generator's or collector's choice. (2) However, no person shall divert to personal use or commercial purpose any recyclable materials placed in a container as a part of a regional recycling program without the consent of the generator or the collector. (3) Any person who pleads guilty or nolo contendere to or is found guilty of unlawfully diverting recyclable materials under a regional recycling program shall be guilty of a Class C misdemeanor.

(1) A board shall not prevent a person generating or collecting recyclable materials from delivering the recyclable materials to a recycling facility of the generator's or collector's choice.

(2) However, no person shall divert to personal use or commercial purpose any recyclable materials placed in a container as a part of a regional recycling program without the consent of the generator or the collector.

(3) Any person who pleads guilty or nolo contendere to or is found guilty of unlawfully diverting recyclable materials under a regional recycling program shall be guilty of a Class C misdemeanor.

(f) Each board shall incorporate into its solid waste management plan its proposal for fulfilling the obligations of this section.

(g) Nothing in this section shall be construed to prohibit the planning or implementation of any regional recycling program prior to compliance with the requirements of subsection (f) of this section.

Amended by Act 2019, No. 315,§ 557, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 16, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2656, eff. 7/1/2019.

Acts 1991, No. 752, § 2; 2001, No. 1720, § 4.
Ark. Code Ann. § 8-14-105 — AR Code / Title 8 / Chapter 14 / Section 8-14-105
Penalties
Status: in_force

Violations of this chapter are punishable by: (1) A warning for a first offense; and (2) A fine of twenty-five dollars ($25.00) minus the replacement cost for each offending outdoor lighting fixture for a second or subsequent offense or for an offense that continues for thirty (30) calendar days from the date of the warning. Acts 2005, No. 1963, § 1.

Violations of this chapter are punishable by:

(1) A warning for a first offense; and

(2) A fine of twenty-five dollars ($25.00) minus the replacement cost for each offending outdoor lighting fixture for a second or subsequent offense or for an offense that continues for thirty (30) calendar days from the date of the warning.

Acts 2005, No. 1963, § 1.
Ark. Code Ann. § 8-9-603 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-603
Definitions
Status: in_force

As used in this subchapter: (1) "Capture rate" means the annual removal, collection, and recovery of mercury switches as a percentage of the total number of mercury switches available for removal from end-of-life vehicles; (2) "End-of-life vehicle" means a vehicle that is sold, given, or otherwise conveyed to a vehicle recycler or scrap recycling facility for the purpose of recycling; (3) "Manufacturer" means a person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that is the last person in the production or assembly process of a new vehicle that utilizes mercury switches, or, in the case of an imported vehicle, the importer or domestic distributor of the vehicle; (4) "Mercury minimization plan" means a plan for removing, collecting, and recovering mercury switches from end-of-life vehicles that is prepared pursuant to § 8-9-604 ; (5) "Mercury switch" means each mercury-containing capsule, commonly known as a "bullet", that is part of a convenience light switch assembly or part of an antilock braking system assembly installed in a vehicle. An antilock braking system assembly may contain more than one (1) mercury switch; (6) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, or municipal, state, or federal government or agency or any other legal entity, however organized; (7) "Scrap recycling facility" means a fixed location where machinery and equipment are used for processing and manufacturing scrap metal into prepared grades and whose principal products are scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes; (8) "Vehicle" means any passenger automobile or passenger car, station wagon, truck, van, or sport utility vehicle with a gross vehicle weight rating of less than twelve thousand pounds (12,000 lbs.); and (9) "Vehicle recycler" means an individual or entity engaged in the business of acquiring, dismantling, or destroying six (6) or more end-of-life vehicles in a calendar year for the primary purpose of the resale of their parts. Amended by Act 2019, No. 910,§ 2993, eff. 7/1/2019. Acts 2005, No. 649, § 1.

As used in this subchapter:

(1) "Capture rate" means the annual removal, collection, and recovery of mercury switches as a percentage of the total number of mercury switches available for removal from end-of-life vehicles;

(2) "End-of-life vehicle" means a vehicle that is sold, given, or otherwise conveyed to a vehicle recycler or scrap recycling facility for the purpose of recycling;

(3) "Manufacturer" means a person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that is the last person in the production or assembly process of a new vehicle that utilizes mercury switches, or, in the case of an imported vehicle, the importer or domestic distributor of the vehicle;

(4) "Mercury minimization plan" means a plan for removing, collecting, and recovering mercury switches from end-of-life vehicles that is prepared pursuant to § 8-9-604 ;

(5) "Mercury switch" means each mercury-containing capsule, commonly known as a "bullet", that is part of a convenience light switch assembly or part of an antilock braking system assembly installed in a vehicle. An antilock braking system assembly may contain more than one (1) mercury switch;

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

(7) "Scrap recycling facility" means a fixed location where machinery and equipment are used for processing and manufacturing scrap metal into prepared grades and whose principal products are scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes;

(8) "Vehicle" means any passenger automobile or passenger car, station wagon, truck, van, or sport utility vehicle with a gross vehicle weight rating of less than twelve thousand pounds (12,000 lbs.); and

(9) "Vehicle recycler" means an individual or entity engaged in the business of acquiring, dismantling, or destroying six (6) or more end-of-life vehicles in a calendar year for the primary purpose of the resale of their parts.

Amended by Act 2019, No. 910,§ 2993, eff. 7/1/2019.

Acts 2005, No. 649, § 1.
Ark. Code Ann. § 8-9-401 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-401
Title - Legislative intent - Findings
Status: in_force

(a) This subchapter shall be known and may be cited as the "Used Tire Recycling and Accountability Act". (b) The purpose of this subchapter is to: (1) Protect the public health and the state's environmental quality by setting and implementing standards to be followed in the hauling, collection, storage, and recycling or disposal of recyclable tires, waste tires, and used tires culled for resale; (2) Provide accountability and sustainability for used tire programs by requiring use of the electronic uniform used tire manifest system developed by the Division of Environmental Quality and business plans for used tire programs; (3) Equalize the application of fees for all tires removed from rims; and (4) Ensure that reimbursements for used tire programs are related to the overall used tire program goals. (c) The General Assembly finds that: (1) If not properly managed, used tires pose a potential threat to human health and safety and the environment because used tires: (A) Are a known breeding habitat for mosquitoes and other disease-transmitting vectors; and (B) Pose substantial fire hazards; (2) The state must have a used tire program for recyclable tires, waste tires, and used tires culled for resale that is accountable, effective, and efficient; and (3) The primary goal of the used tire program is to recycle or put to beneficial use as many used tires as possible. Amended by Act 2019, No. 910,§ 2861, eff. 7/1/2019. Amended by Act 2017, No. 317,§ 1, eff. 8/1/2017. Acts 1991, No. 749, § 1.

(a) This subchapter shall be known and may be cited as the "Used Tire Recycling and Accountability Act".

(b) The purpose of this subchapter is to: (1) Protect the public health and the state's environmental quality by setting and implementing standards to be followed in the hauling, collection, storage, and recycling or disposal of recyclable tires, waste tires, and used tires culled for resale; (2) Provide accountability and sustainability for used tire programs by requiring use of the electronic uniform used tire manifest system developed by the Division of Environmental Quality and business plans for used tire programs; (3) Equalize the application of fees for all tires removed from rims; and (4) Ensure that reimbursements for used tire programs are related to the overall used tire program goals.

(1) Protect the public health and the state's environmental quality by setting and implementing standards to be followed in the hauling, collection, storage, and recycling or disposal of recyclable tires, waste tires, and used tires culled for resale;

(2) Provide accountability and sustainability for used tire programs by requiring use of the electronic uniform used tire manifest system developed by the Division of Environmental Quality and business plans for used tire programs;

(3) Equalize the application of fees for all tires removed from rims; and

(4) Ensure that reimbursements for used tire programs are related to the overall used tire program goals.

(c) The General Assembly finds that: (1) If not properly managed, used tires pose a potential threat to human health and safety and the environment because used tires: (A) Are a known breeding habitat for mosquitoes and other disease-transmitting vectors; and (B) Pose substantial fire hazards; (2) The state must have a used tire program for recyclable tires, waste tires, and used tires culled for resale that is accountable, effective, and efficient; and (3) The primary goal of the used tire program is to recycle or put to beneficial use as many used tires as possible.

(1) If not properly managed, used tires pose a potential threat to human health and safety and the environment because used tires: (A) Are a known breeding habitat for mosquitoes and other disease-transmitting vectors; and (B) Pose substantial fire hazards;

(A) Are a known breeding habitat for mosquitoes and other disease-transmitting vectors; and

(B) Pose substantial fire hazards;

(2) The state must have a used tire program for recyclable tires, waste tires, and used tires culled for resale that is accountable, effective, and efficient; and

(3) The primary goal of the used tire program is to recycle or put to beneficial use as many used tires as possible.

Amended by Act 2019, No. 910,§ 2861, eff. 7/1/2019.

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

Acts 1991, No. 749, § 1.
Ark. Code Ann. § 8-5-202 — AR Code / Title 8 / Chapter 5 / Subchapter 2 / Section 8-5-202
Penalty and injunctions
Status: in_force

(a) A violation of any provision of this subchapter or of any rule issued pursuant to this subchapter shall constitute a misdemeanor and upon conviction shall be punishable as such. Each day's continuance of a violation shall constitute a separate offense. (b) Any violation of this subchapter shall be subject to injunction proceedings brought by the Division of Environmental Quality in a court of competent jurisdiction. (c) A violation of any provision of this subchapter or of any rule promulgated under this subchapter is grounds for an administrative revocation or suspension of the operator's license by the division. Amended by Act 2019, No. 315,§ 503, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 502, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2555, eff. 7/1/2019. Acts 1971, No. 211, § 9; A.S.A. 1947, § 82-1991; Acts 1997, No. 1219, § 7; 2005, No. 729, § 1.

(a) A violation of any provision of this subchapter or of any rule issued pursuant to this subchapter shall constitute a misdemeanor and upon conviction shall be punishable as such. Each day's continuance of a violation shall constitute a separate offense.

(b) Any violation of this subchapter shall be subject to injunction proceedings brought by the Division of Environmental Quality in a court of competent jurisdiction.

(c) A violation of any provision of this subchapter or of any rule promulgated under this subchapter is grounds for an administrative revocation or suspension of the operator's license by the division.

Amended by Act 2019, No. 315,§ 503, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 502, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2555, eff. 7/1/2019.

Acts 1971, No. 211, § 9; A.S.A. 1947, § 82-1991; Acts 1997, No. 1219, § 7; 2005, No. 729, § 1.
Ark. Code Ann. § 8-1-312 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-312
Scope
Status: in_force

Nothing in this subchapter may limit, waive, or abrogate: (1) The scope of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege; or (2) The rights of the public as provided in the Freedom of Information Act of 1967, § 25-19-101 et seq. Acts 1995, No. 350, § 1; 2009, No. 1199, § 3.

Nothing in this subchapter may limit, waive, or abrogate:

(1) The scope of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege; or

(2) The rights of the public as provided in the Freedom of Information Act of 1967, § 25-19-101 et seq.

Acts 1995, No. 350, § 1; 2009, No. 1199, § 3.
Ark. Code Ann. § 8-6-1001 — AR Code / Title 8 / Chapter 6 / Subchapter 10 / Section 8-6-1001
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Landfill" means a landfill permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., except a landfill where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character; (3) "Permittee" means any person holding a solid waste disposal permit as provided in the Arkansas Solid Waste Management Act, § 8-6-201 et seq.; (4) "Post-closure corrective action" means any measures deemed necessary by the Director of the Division of Environmental Quality to prevent or abate contamination of the environment from any landfill which has been certified as properly closed by the Division of Environmental Quality; (5) "Solid waste" means any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342 or source material, special nuclear material, or by-product material as defined by the Atomic Energy Act of 1954, Pub. L. No. 83-703; (6) "Solid waste disposal permit" means a permit issued by the State of Arkansas under the provisions of the Arkansas Solid Waste Management Act, § 8-6-201 et seq., for the construction and operation of a landfill waste disposal facility; and (7) "Transporter" or "solid waste transporter" means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, county, city, town, or municipal authority or trust, venture, or other legal entity transporting solid waste within the state that is to be disposed of outside of the state. Amended by Act 2019, No. 910,§ 2677, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2676, eff. 7/1/2019. Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1995, No. 511, § 3; 1999, No. 1164, § 77.

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

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

(2) "Landfill" means a landfill permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., except a landfill where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character;

(3) "Permittee" means any person holding a solid waste disposal permit as provided in the Arkansas Solid Waste Management Act, § 8-6-201 et seq.;

(4) "Post-closure corrective action" means any measures deemed necessary by the Director of the Division of Environmental Quality to prevent or abate contamination of the environment from any landfill which has been certified as properly closed by the Division of Environmental Quality;

(5) "Solid waste" means any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342 or source material, special nuclear material, or by-product material as defined by the Atomic Energy Act of 1954, Pub. L. No. 83-703;

(6) "Solid waste disposal permit" means a permit issued by the State of Arkansas under the provisions of the Arkansas Solid Waste Management Act, § 8-6-201 et seq., for the construction and operation of a landfill waste disposal facility; and

(7) "Transporter" or "solid waste transporter" means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, county, city, town, or municipal authority or trust, venture, or other legal entity transporting solid waste within the state that is to be disposed of outside of the state.

Amended by Act 2019, No. 910,§ 2677, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2676, eff. 7/1/2019.

Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1995, No. 511, § 3; 1999, No. 1164, § 77.
Ark. Code Ann. § 8-6-717 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-717
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1153,§ 2, eff. 8/16/2013. Acts 1991, No. 752, § 2.

Repealed by Act 2013, No. 1153,§ 2, eff. 8/16/2013.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-9-703 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-703
[Repealed]
Status: repealed

Repealed by Act 2023, No. 676,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 110,§ 2, eff. 8/1/2023. Superseded by Act 2023, No. 676. Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.

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

Amended by Act 2023, No. 110,§ 2, eff. 8/1/2023. Superseded by Act 2023, No. 676.

Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 8-7-1007 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1007
Workplace chemical lists
Status: in_force

(a) Each public employer shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used, generated, or stored in the workplace in an amount equal to or greater than fifty-five gallons (55 gals.) or five hundred pounds (500 lbs.): (1) The chemical name or common name used on the material safety data sheet or the container label; (2) The Chemical Abstracts Service number for such hazardous chemical if such Chemical Abstracts Service number is included on the material safety data sheet; and (3) The work area or workplace in which the hazardous chemical is normally used, generated, or stored. (b) Each public employer shall update the workplace chemical list with the Director of the Division of Labor as necessary, but in any case by July 1 of each year. (c) A public employer may meet the requirements of this section with respect to a hazardous chemical which is a mixture either by identifying on the workplace chemical list each element or compound in the mixture which is a hazardous chemical or by identifying on the workplace chemical list the mixture itself. If more than one (1) mixture has the same element or compound, only one (1) listing of the element or compound is necessary. Amended by Act 2019, No. 693,§ 25, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5270, eff. 7/1/2019. Acts 1991, No. 556, § 7; 1991, No. 1172, § 7.

(a) Each public employer shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used, generated, or stored in the workplace in an amount equal to or greater than fifty-five gallons (55 gals.) or five hundred pounds (500 lbs.): (1) The chemical name or common name used on the material safety data sheet or the container label; (2) The Chemical Abstracts Service number for such hazardous chemical if such Chemical Abstracts Service number is included on the material safety data sheet; and (3) The work area or workplace in which the hazardous chemical is normally used, generated, or stored.

(1) The chemical name or common name used on the material safety data sheet or the container label;

(2) The Chemical Abstracts Service number for such hazardous chemical if such Chemical Abstracts Service number is included on the material safety data sheet; and

(3) The work area or workplace in which the hazardous chemical is normally used, generated, or stored.

(b) Each public employer shall update the workplace chemical list with the Director of the Division of Labor as necessary, but in any case by July 1 of each year.

(c) A public employer may meet the requirements of this section with respect to a hazardous chemical which is a mixture either by identifying on the workplace chemical list each element or compound in the mixture which is a hazardous chemical or by identifying on the workplace chemical list the mixture itself. If more than one (1) mixture has the same element or compound, only one (1) listing of the element or compound is necessary.

Amended by Act 2019, No. 693,§ 25, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5270, eff. 7/1/2019.

Acts 1991, No. 556, § 7; 1991, No. 1172, § 7.
Ark. Code Ann. § 8-3-204 — AR Code / Title 8 / Chapter 3 / Subchapter 2 / Section 8-3-204
Appeal of state plan - Adjudicatory process
Status: in_force

(a) If the Division of Environmental Quality proposes to finalize a state plan submittal for review and approval by the United States Environmental Protection Agency, the division shall comply with the procedural requirements for notice and public comment specified in § 8-4-317 . (b) (1) Only a person or an organization that submits comments on the record during the public comment period has standing to appeal the final decision of the division to the Arkansas Pollution Control and Ecology Commission upon written application made within thirty (30) days after the service of notice made under § 8-4-317(b)(2)(A) . (2) An appeal under subdivision (b)(1) of this section shall be processed as a permit appeal under § 8-4-205 . Amended by Act 2019, No. 910,§ 2456, eff. 7/1/2019. Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

(a) If the Division of Environmental Quality proposes to finalize a state plan submittal for review and approval by the United States Environmental Protection Agency, the division shall comply with the procedural requirements for notice and public comment specified in § 8-4-317 .

(b) (1) Only a person or an organization that submits comments on the record during the public comment period has standing to appeal the final decision of the division to the Arkansas Pollution Control and Ecology Commission upon written application made within thirty (30) days after the service of notice made under § 8-4-317(b)(2)(A) . (2) An appeal under subdivision (b)(1) of this section shall be processed as a permit appeal under § 8-4-205 .

(1) Only a person or an organization that submits comments on the record during the public comment period has standing to appeal the final decision of the division to the Arkansas Pollution Control and Ecology Commission upon written application made within thirty (30) days after the service of notice made under § 8-4-317(b)(2)(A) .

(2) An appeal under subdivision (b)(1) of this section shall be processed as a permit appeal under § 8-4-205 .

Amended by Act 2019, No. 910,§ 2456, eff. 7/1/2019.

Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 8-6-608 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-608
Penalties
Status: in_force

Failure of the permittee or solid waste transporter to pay the fees assessed by the Division of Environmental Quality provides grounds for administrative or civil enforcement action. Sanctions may include civil penalties as provided in the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or the revocation of the solid waste disposal or solid waste transporter permit. Amended by Act 2019, No. 910,§ 2636, eff. 7/1/2019. Acts 1989, No. 849, § 8; 1989, No. 934, § 8; 1993, No. 1127, § 3.

Failure of the permittee or solid waste transporter to pay the fees assessed by the Division of Environmental Quality provides grounds for administrative or civil enforcement action. Sanctions may include civil penalties as provided in the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or the revocation of the solid waste disposal or solid waste transporter permit.

Amended by Act 2019, No. 910,§ 2636, eff. 7/1/2019.

Acts 1989, No. 849, § 8; 1989, No. 934, § 8; 1993, No. 1127, § 3.
Ark. Code Ann. § 8-7-202 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-202
Purpose
Status: in_force

It is the purpose of this subchapter and it is declared to be the policy of this state to: (1) Protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous waste; (2) Establish a program of regulation over the generation, storage, transportation, treatment, and disposal of hazardous waste; (3) Assure the safe and adequate management of hazardous waste within this state; (4) Qualify the Division of Environmental Quality to adopt, administer, and enforce a hazardous waste program pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; and (5) Afford the people of the State of Arkansas a voice in the permitting of hazardous waste facilities within their respective counties. Amended by Act 2019, No. 910,§ 2707, eff. 7/1/2019. Acts 1979, No. 406, § 2; A.S.A. 1947, § 82-4202; Acts 1989, No. 643, § 1; 1999, No. 1164, § 89.

It is the purpose of this subchapter and it is declared to be the policy of this state to:

(1) Protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous waste;

(2) Establish a program of regulation over the generation, storage, transportation, treatment, and disposal of hazardous waste;

(3) Assure the safe and adequate management of hazardous waste within this state;

(4) Qualify the Division of Environmental Quality to adopt, administer, and enforce a hazardous waste program pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; and

(5) Afford the people of the State of Arkansas a voice in the permitting of hazardous waste facilities within their respective counties.

Amended by Act 2019, No. 910,§ 2707, eff. 7/1/2019.

Acts 1979, No. 406, § 2; A.S.A. 1947, § 82-4202; Acts 1989, No. 643, § 1; 1999, No. 1164, § 89.
Ark. Code Ann. § 8-9-709 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-709
[Repealed]
Status: repealed

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

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

Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 8-14-101 — AR Code / Title 8 / Chapter 14 / Section 8-14-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Shielded Outdoor Lighting Act". Acts 2005, No. 1963, § 1.

This chapter shall be known and may be cited as the "Shielded Outdoor Lighting Act".

Acts 2005, No. 1963, § 1.
Ark. Code Ann. § 8-4-305 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-305
Exceptions
Status: in_force

The provisions of this subchapter do not apply to: (1) Agricultural operations in the growing or harvesting of crops and the raising of fowl or animals; (2) Use of equipment in agricultural operations in the growing of crops or the raising of fowl or animals; (3) Barbecue equipment or outdoor fireplaces used in connection with any residence; (4) Land clearing operations or land grading; (5) Road construction operations and the use of mobile and portable equipment and machinery incident thereto; (6) Incinerators and heating equipment in or used in connection with residences used exclusively as dwellings for not more than four (4) families; (7) Fires set or permitted by any public officer, board, council, or commission when the fire is set or permission to burn is given in the performance of the duty of the public officer, board, council, or commission for the purpose of weed abatement, vegetation disposal, the prevention or elimination of a fire hazard, or the instruction of employees in the methods of fire fighting, which is necessary in the opinion of the public officer, board, council, or commission, or from fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction; or (8) (A) Unless prohibited by municipal or county ordinance, open fires used at a construction site only for the purpose of warming persons on the site during cold weather. (B) Such fires: (i) Shall be fueled only by wood or wood products; (ii) Must be controlled to the extent necessary to prevent a fire hazard or local nuisance; and (iii) (a) Must be confined within a container made of nonflammable material. (b) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length. Amended by Act 2023, No. 27,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 693,§ 8, eff. 7/24/2019. Acts 1949, No. 472, [Part 2], § 4, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1934; Acts 1997, No. 259, § 1.

The provisions of this subchapter do not apply to:

(1) Agricultural operations in the growing or harvesting of crops and the raising of fowl or animals;

(2) Use of equipment in agricultural operations in the growing of crops or the raising of fowl or animals;

(3) Barbecue equipment or outdoor fireplaces used in connection with any residence;

(4) Land clearing operations or land grading;

(5) Road construction operations and the use of mobile and portable equipment and machinery incident thereto;

(6) Incinerators and heating equipment in or used in connection with residences used exclusively as dwellings for not more than four (4) families;

(7) Fires set or permitted by any public officer, board, council, or commission when the fire is set or permission to burn is given in the performance of the duty of the public officer, board, council, or commission for the purpose of weed abatement, vegetation disposal, the prevention or elimination of a fire hazard, or the instruction of employees in the methods of fire fighting, which is necessary in the opinion of the public officer, board, council, or commission, or from fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction; or

(8) (A) Unless prohibited by municipal or county ordinance, open fires used at a construction site only for the purpose of warming persons on the site during cold weather. (B) Such fires: (i) Shall be fueled only by wood or wood products; (ii) Must be controlled to the extent necessary to prevent a fire hazard or local nuisance; and (iii) (a) Must be confined within a container made of nonflammable material. (b) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length.

(A) Unless prohibited by municipal or county ordinance, open fires used at a construction site only for the purpose of warming persons on the site during cold weather.

(B) Such fires: (i) Shall be fueled only by wood or wood products; (ii) Must be controlled to the extent necessary to prevent a fire hazard or local nuisance; and (iii) (a) Must be confined within a container made of nonflammable material. (b) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length.

(i) Shall be fueled only by wood or wood products;

(ii) Must be controlled to the extent necessary to prevent a fire hazard or local nuisance; and

(iii) (a) Must be confined within a container made of nonflammable material. (b) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length.

(a) Must be confined within a container made of nonflammable material.

(b) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length.

Amended by Act 2023, No. 27,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 693,§ 8, eff. 7/24/2019.

Acts 1949, No. 472, [Part 2], § 4, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1934; Acts 1997, No. 259, § 1.
Ark. Code Ann. § 8-6-711 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-711
District solid waste management system
Status: in_force

(a) A regional solid waste management district is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in facilities of any nature necessary or desirable for the control, collection, removal, reduction, disposal, treatment, or other handling of solid waste. (b) (1) A regional solid waste management district may elect to acquire the ownership or use of elements of solid waste management systems owned or controlled by municipalities, counties, improvement districts, or sanitation authorities within the regional solid waste management district by contract on such terms as are mutually agreed to be necessary, convenient, or desirable. (2) (A) If the regional solid waste management district has elected such acquisition of ownership or use, the regional solid waste management district shall also have assumed the responsibility associated with that project or element, as contemplated by § 8-6-714 . (B) If the regional solid waste management district and the other entity or entities which are parties to the acquisition cannot mutually agree on the fair value to be paid and the method of compensation for the acquired asset, then either party may have that value and method adjudicated as to fairness by the circuit court having jurisdiction of the regional solid waste management district's principal office, in the manner of a declaratory judgment and not in the nature of eminent domain. (C) The regional solid waste management district shall have the discretion to proceed or not to proceed with the acquisition after the declaration is obtained. (c) (1) (A) A regional solid waste management district may elect to seek a permit for a Class I landfill to be owned by the State of Arkansas. (B) Provided, however, that only one (1) such Class I landfill shall be sited in each of the eight (8) planning and development districts established pursuant to § 14-166-202 . (2) Upon the regional solid waste management district's obtaining a permit to operate, ownership interest in said Class I landfill shall be vested with the State of Arkansas through deed or other conveyance. (d) An existing and operating solid waste facility within the regional solid waste management district shall be incorporated into the regional solid waste management district solid waste management plan, or the regional solid waste management district shall acquire ownership of that solid waste facility in the manner set forth in subsection (b) of this section. (e) Nothing in this section shall be construed to give a regional solid waste management district the power to make an acquisition described in this section without the consent of the municipalities, counties, improvement districts, or sanitation authorities involved. Acts 1991, No. 752, § 2.

(a) A regional solid waste management district is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in facilities of any nature necessary or desirable for the control, collection, removal, reduction, disposal, treatment, or other handling of solid waste.

(b) (1) A regional solid waste management district may elect to acquire the ownership or use of elements of solid waste management systems owned or controlled by municipalities, counties, improvement districts, or sanitation authorities within the regional solid waste management district by contract on such terms as are mutually agreed to be necessary, convenient, or desirable. (2) (A) If the regional solid waste management district has elected such acquisition of ownership or use, the regional solid waste management district shall also have assumed the responsibility associated with that project or element, as contemplated by § 8-6-714 . (B) If the regional solid waste management district and the other entity or entities which are parties to the acquisition cannot mutually agree on the fair value to be paid and the method of compensation for the acquired asset, then either party may have that value and method adjudicated as to fairness by the circuit court having jurisdiction of the regional solid waste management district's principal office, in the manner of a declaratory judgment and not in the nature of eminent domain. (C) The regional solid waste management district shall have the discretion to proceed or not to proceed with the acquisition after the declaration is obtained.

(1) A regional solid waste management district may elect to acquire the ownership or use of elements of solid waste management systems owned or controlled by municipalities, counties, improvement districts, or sanitation authorities within the regional solid waste management district by contract on such terms as are mutually agreed to be necessary, convenient, or desirable.

(2) (A) If the regional solid waste management district has elected such acquisition of ownership or use, the regional solid waste management district shall also have assumed the responsibility associated with that project or element, as contemplated by § 8-6-714 . (B) If the regional solid waste management district and the other entity or entities which are parties to the acquisition cannot mutually agree on the fair value to be paid and the method of compensation for the acquired asset, then either party may have that value and method adjudicated as to fairness by the circuit court having jurisdiction of the regional solid waste management district's principal office, in the manner of a declaratory judgment and not in the nature of eminent domain. (C) The regional solid waste management district shall have the discretion to proceed or not to proceed with the acquisition after the declaration is obtained.

(A) If the regional solid waste management district has elected such acquisition of ownership or use, the regional solid waste management district shall also have assumed the responsibility associated with that project or element, as contemplated by § 8-6-714 .

(B) If the regional solid waste management district and the other entity or entities which are parties to the acquisition cannot mutually agree on the fair value to be paid and the method of compensation for the acquired asset, then either party may have that value and method adjudicated as to fairness by the circuit court having jurisdiction of the regional solid waste management district's principal office, in the manner of a declaratory judgment and not in the nature of eminent domain.

(C) The regional solid waste management district shall have the discretion to proceed or not to proceed with the acquisition after the declaration is obtained.

(c) (1) (A) A regional solid waste management district may elect to seek a permit for a Class I landfill to be owned by the State of Arkansas. (B) Provided, however, that only one (1) such Class I landfill shall be sited in each of the eight (8) planning and development districts established pursuant to § 14-166-202 . (2) Upon the regional solid waste management district's obtaining a permit to operate, ownership interest in said Class I landfill shall be vested with the State of Arkansas through deed or other conveyance.

(1) (A) A regional solid waste management district may elect to seek a permit for a Class I landfill to be owned by the State of Arkansas. (B) Provided, however, that only one (1) such Class I landfill shall be sited in each of the eight (8) planning and development districts established pursuant to § 14-166-202 .

(A) A regional solid waste management district may elect to seek a permit for a Class I landfill to be owned by the State of Arkansas.

(B) Provided, however, that only one (1) such Class I landfill shall be sited in each of the eight (8) planning and development districts established pursuant to § 14-166-202 .

(2) Upon the regional solid waste management district's obtaining a permit to operate, ownership interest in said Class I landfill shall be vested with the State of Arkansas through deed or other conveyance.

(d) An existing and operating solid waste facility within the regional solid waste management district shall be incorporated into the regional solid waste management district solid waste management plan, or the regional solid waste management district shall acquire ownership of that solid waste facility in the manner set forth in subsection (b) of this section.

(e) Nothing in this section shall be construed to give a regional solid waste management district the power to make an acquisition described in this section without the consent of the municipalities, counties, improvement districts, or sanitation authorities involved.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-2-207 — AR Code / Title 8 / Chapter 2 / Subchapter 2 / Section 8-2-207
Accreditation - Duration - Renewal
Status: in_force

(a) A certificate of accreditation shall be effective for a period of one (1) year from the date of issuance, after which time the accreditation will lapse. (b) Accreditation may be renewed for additional periods of one (1) year's duration upon application for renewal made to the Division of Environmental Quality. Amended by Act 2019, No. 910,§ 2446, eff. 7/1/2019. Amended by Act 2017, No. 244,§ 2, eff. 8/1/2017. Acts 1985, No. 876, § 5; A.S.A. 1947, § 82-1993.4.

(a) A certificate of accreditation shall be effective for a period of one (1) year from the date of issuance, after which time the accreditation will lapse.

(b) Accreditation may be renewed for additional periods of one (1) year's duration upon application for renewal made to the Division of Environmental Quality.

Amended by Act 2019, No. 910,§ 2446, eff. 7/1/2019.

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

Acts 1985, No. 876, § 5; A.S.A. 1947, § 82-1993.4.
Ark. Code Ann. § 8-7-1304 — AR Code / Title 8 / Chapter 7 / Subchapter 13 / Section 8-7-1304
Powers and duties
Status: in_force

(a) The Division of Environmental Quality shall maintain and make available to the public a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment, referred to as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, and the rules promulgated under the Small Business Liability Relief and Brownfields Revitalization Act. (b) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement this subchapter. Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.

(a) The Division of Environmental Quality shall maintain and make available to the public a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment, referred to as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, and the rules promulgated under the Small Business Liability Relief and Brownfields Revitalization Act.

(b) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement this subchapter.

Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.
Ark. Code Ann. § 8-7-506 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-506
Rules - Administrative procedure
Status: in_force

The Arkansas Pollution Control and Ecology Commission shall adopt rules under this subchapter necessary to implement or effectuate the purposes and intent of this subchapter, including, but not limited to, rules affording any persons aggrieved by any order issued pursuant to this subchapter an opportunity for a hearing thereon and commission review of the action. Amended by Act 2019, No. 315,§ 632, eff. 7/24/2019. Acts 1985, No. 479, § 13; A.S.A. 1947, § 82-4724.

The Arkansas Pollution Control and Ecology Commission shall adopt rules under this subchapter necessary to implement or effectuate the purposes and intent of this subchapter, including, but not limited to, rules affording any persons aggrieved by any order issued pursuant to this subchapter an opportunity for a hearing thereon and commission review of the action.

Amended by Act 2019, No. 315,§ 632, eff. 7/24/2019.

Acts 1985, No. 479, § 13; A.S.A. 1947, § 82-4724.
Ark. Code Ann. § 8-6-1701 — AR Code / Title 8 / Chapter 6 / Subchapter 17 / Section 8-6-1701
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Open burning" means the incineration or combustion of waste materials as a method of disposal without any means to control the fuel/air ratio. (B) "Open burning" does not include activities exempted from rules as air pollution in § 8-4-305 or in rules adopted by the Arkansas Pollution Control and Ecology Commission, if the activities exempted do not cause a fire or safety hazard; and (2) "Yard waste" means grass clippings, leaves, and shrubbery trimmings collected from residential property. Amended by Act 2021, No. 469,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 595, eff. 7/24/2019. Acts 1997, No. 1151, § 1.

As used in this subchapter:

(1) (A) "Open burning" means the incineration or combustion of waste materials as a method of disposal without any means to control the fuel/air ratio. (B) "Open burning" does not include activities exempted from rules as air pollution in § 8-4-305 or in rules adopted by the Arkansas Pollution Control and Ecology Commission, if the activities exempted do not cause a fire or safety hazard; and

(A) "Open burning" means the incineration or combustion of waste materials as a method of disposal without any means to control the fuel/air ratio.

(B) "Open burning" does not include activities exempted from rules as air pollution in § 8-4-305 or in rules adopted by the Arkansas Pollution Control and Ecology Commission, if the activities exempted do not cause a fire or safety hazard; and

(2) "Yard waste" means grass clippings, leaves, and shrubbery trimmings collected from residential property.

Amended by Act 2021, No. 469,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 595, eff. 7/24/2019.

Acts 1997, No. 1151, § 1.
Ark. Code Ann. § 8-6-615 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-615
Distribution of funds to regional solid waste management districts - Reporting requirements
Status: in_force

(a) (1) Funds collected under this subchapter and deposited into the State Treasury to the credit of the Solid Waste Management and Recycling Fund, less up to twenty percent (20%) for administrative support for the Division of Environmental Quality, shall be allocated annually to each of the approved regional solid waste management districts utilizing a combination of the two (2) methods stated in subsections (b) and (c) of this section. (2) Fifty percent (50%) of the funds shall be determined using the method provided in subsection (b) of this section, and fifty percent (50%) shall be determined using the method provided in subsection (c) of this section. (3) The total figures obtained from each method shall be combined to arrive at each regional solid waste management district's fund distribution. (b) (1) (A) The division shall determine the amount of funds within each planning and development district organized under § 14-166-201 et seq. and recognized by the Governor, based on the same distribution as general revenue support is distributed to the planning and development districts in the current fiscal year. (B) The division shall adjust the distribution described in subdivision (b)(1)(A) of this section within the planning and development districts to coincide with the boundaries of the regional solid waste management districts by determining each county's share of the funds available within each planning and development district. (C) Each county's share shall be based on the proportion that each county's population bears to the total population in the planning and development district to which the county is assigned, multiplied by the amount of funds determined to be available within the planning and development district. (D) The county's proportional share as determined under this subdivision (b)(1) shall be added to all other counties' shares within the same regional solid waste management district. (2) The formula to be used under this subsection is as follows: (A) Divide fifty percent (50%) of the total remaining funds equally by the eight (8) regional planning and development districts; (B) Multiply the quotient obtained under subdivision (b)(2)(A) of this section by the most recent federal decennial census population of each county; and (C) (i) Divide the product obtained under subdivision (b)(2)(B) of this section by the planning and development district population in which the county is located to determine the portion per county. (ii) Individual county portions are grouped and totaled by each new regional solid waste management district to determine each regional solid waste management district's allocation. (c) (1) The remaining fifty percent (50%) of the funds shall be based on the ratio of the regional solid waste management district's 2010 or current decennial census population divided by the most recent federal decennial census state population. (2) The formula to be used under this subsection is as follows: (A) Divide each regional solid waste management district's total population by the state's most recent federal decennial census population; and (B) Multiply the quotient obtained under subdivision (c)(2)(A) of this section by the total remaining funds to determine each regional solid waste management district's allocation. (d) (1) For each fiscal year, each regional solid waste management board that receives funds under this section shall provide a report by November 1 to the division that explains how the board spent the funding received under this section in the previous fiscal year. (2) The report under this subsection shall include the following information concerning the amount of expenditures in the previous fiscal year from the funds received under this section for: (A) Equipment and material purchases; and (B) Operation costs. (3) The report shall be in a spreadsheet form as prescribed by the division. (4) The Arkansas Pollution Control and Ecology Commission may promulgate rules necessary for funding and program reporting, accountability, and oversight under this subsection. Amended by Act 2019, No. 315,§ 547, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 15, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2640, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2639, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2638, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2637, eff. 7/1/2019. Amended by Act 2017, No. 624,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 624,§ 4, eff. 8/1/2017. Added by Act 2013, No. 1333,§ 5, eff. 8/16/2013.

(a) (1) Funds collected under this subchapter and deposited into the State Treasury to the credit of the Solid Waste Management and Recycling Fund, less up to twenty percent (20%) for administrative support for the Division of Environmental Quality, shall be allocated annually to each of the approved regional solid waste management districts utilizing a combination of the two (2) methods stated in subsections (b) and (c) of this section. (2) Fifty percent (50%) of the funds shall be determined using the method provided in subsection (b) of this section, and fifty percent (50%) shall be determined using the method provided in subsection (c) of this section. (3) The total figures obtained from each method shall be combined to arrive at each regional solid waste management district's fund distribution.

(1) Funds collected under this subchapter and deposited into the State Treasury to the credit of the Solid Waste Management and Recycling Fund, less up to twenty percent (20%) for administrative support for the Division of Environmental Quality, shall be allocated annually to each of the approved regional solid waste management districts utilizing a combination of the two (2) methods stated in subsections (b) and (c) of this section.

(2) Fifty percent (50%) of the funds shall be determined using the method provided in subsection (b) of this section, and fifty percent (50%) shall be determined using the method provided in subsection (c) of this section.

(3) The total figures obtained from each method shall be combined to arrive at each regional solid waste management district's fund distribution.

(b) (1) (A) The division shall determine the amount of funds within each planning and development district organized under § 14-166-201 et seq. and recognized by the Governor, based on the same distribution as general revenue support is distributed to the planning and development districts in the current fiscal year. (B) The division shall adjust the distribution described in subdivision (b)(1)(A) of this section within the planning and development districts to coincide with the boundaries of the regional solid waste management districts by determining each county's share of the funds available within each planning and development district. (C) Each county's share shall be based on the proportion that each county's population bears to the total population in the planning and development district to which the county is assigned, multiplied by the amount of funds determined to be available within the planning and development district. (D) The county's proportional share as determined under this subdivision (b)(1) shall be added to all other counties' shares within the same regional solid waste management district. (2) The formula to be used under this subsection is as follows: (A) Divide fifty percent (50%) of the total remaining funds equally by the eight (8) regional planning and development districts; (B) Multiply the quotient obtained under subdivision (b)(2)(A) of this section by the most recent federal decennial census population of each county; and (C) (i) Divide the product obtained under subdivision (b)(2)(B) of this section by the planning and development district population in which the county is located to determine the portion per county. (ii) Individual county portions are grouped and totaled by each new regional solid waste management district to determine each regional solid waste management district's allocation.

(1) (A) The division shall determine the amount of funds within each planning and development district organized under § 14-166-201 et seq. and recognized by the Governor, based on the same distribution as general revenue support is distributed to the planning and development districts in the current fiscal year. (B) The division shall adjust the distribution described in subdivision (b)(1)(A) of this section within the planning and development districts to coincide with the boundaries of the regional solid waste management districts by determining each county's share of the funds available within each planning and development district. (C) Each county's share shall be based on the proportion that each county's population bears to the total population in the planning and development district to which the county is assigned, multiplied by the amount of funds determined to be available within the planning and development district. (D) The county's proportional share as determined under this subdivision (b)(1) shall be added to all other counties' shares within the same regional solid waste management district.

(A) The division shall determine the amount of funds within each planning and development district organized under § 14-166-201 et seq. and recognized by the Governor, based on the same distribution as general revenue support is distributed to the planning and development districts in the current fiscal year.

(B) The division shall adjust the distribution described in subdivision (b)(1)(A) of this section within the planning and development districts to coincide with the boundaries of the regional solid waste management districts by determining each county's share of the funds available within each planning and development district.

(C) Each county's share shall be based on the proportion that each county's population bears to the total population in the planning and development district to which the county is assigned, multiplied by the amount of funds determined to be available within the planning and development district.

(D) The county's proportional share as determined under this subdivision (b)(1) shall be added to all other counties' shares within the same regional solid waste management district.

(2) The formula to be used under this subsection is as follows: (A) Divide fifty percent (50%) of the total remaining funds equally by the eight (8) regional planning and development districts; (B) Multiply the quotient obtained under subdivision (b)(2)(A) of this section by the most recent federal decennial census population of each county; and (C) (i) Divide the product obtained under subdivision (b)(2)(B) of this section by the planning and development district population in which the county is located to determine the portion per county. (ii) Individual county portions are grouped and totaled by each new regional solid waste management district to determine each regional solid waste management district's allocation.

(A) Divide fifty percent (50%) of the total remaining funds equally by the eight (8) regional planning and development districts;

(B) Multiply the quotient obtained under subdivision (b)(2)(A) of this section by the most recent federal decennial census population of each county; and

(C) (i) Divide the product obtained under subdivision (b)(2)(B) of this section by the planning and development district population in which the county is located to determine the portion per county. (ii) Individual county portions are grouped and totaled by each new regional solid waste management district to determine each regional solid waste management district's allocation.

(i) Divide the product obtained under subdivision (b)(2)(B) of this section by the planning and development district population in which the county is located to determine the portion per county.

(ii) Individual county portions are grouped and totaled by each new regional solid waste management district to determine each regional solid waste management district's allocation.

(c) (1) The remaining fifty percent (50%) of the funds shall be based on the ratio of the regional solid waste management district's 2010 or current decennial census population divided by the most recent federal decennial census state population. (2) The formula to be used under this subsection is as follows: (A) Divide each regional solid waste management district's total population by the state's most recent federal decennial census population; and (B) Multiply the quotient obtained under subdivision (c)(2)(A) of this section by the total remaining funds to determine each regional solid waste management district's allocation.

(1) The remaining fifty percent (50%) of the funds shall be based on the ratio of the regional solid waste management district's 2010 or current decennial census population divided by the most recent federal decennial census state population.

(2) The formula to be used under this subsection is as follows: (A) Divide each regional solid waste management district's total population by the state's most recent federal decennial census population; and (B) Multiply the quotient obtained under subdivision (c)(2)(A) of this section by the total remaining funds to determine each regional solid waste management district's allocation.

(A) Divide each regional solid waste management district's total population by the state's most recent federal decennial census population; and

(B) Multiply the quotient obtained under subdivision (c)(2)(A) of this section by the total remaining funds to determine each regional solid waste management district's allocation.

(d) (1) For each fiscal year, each regional solid waste management board that receives funds under this section shall provide a report by November 1 to the division that explains how the board spent the funding received under this section in the previous fiscal year. (2) The report under this subsection shall include the following information concerning the amount of expenditures in the previous fiscal year from the funds received under this section for: (A) Equipment and material purchases; and (B) Operation costs. (3) The report shall be in a spreadsheet form as prescribed by the division. (4) The Arkansas Pollution Control and Ecology Commission may promulgate rules necessary for funding and program reporting, accountability, and oversight under this subsection.

(1) For each fiscal year, each regional solid waste management board that receives funds under this section shall provide a report by November 1 to the division that explains how the board spent the funding received under this section in the previous fiscal year.

(2) The report under this subsection shall include the following information concerning the amount of expenditures in the previous fiscal year from the funds received under this section for: (A) Equipment and material purchases; and (B) Operation costs.

(A) Equipment and material purchases; and

(B) Operation costs.

(3) The report shall be in a spreadsheet form as prescribed by the division.

(4) The Arkansas Pollution Control and Ecology Commission may promulgate rules necessary for funding and program reporting, accountability, and oversight under this subsection.

Amended by Act 2019, No. 315,§ 547, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 15, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2640, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2639, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2638, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2637, eff. 7/1/2019.

Amended by Act 2017, No. 624,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 624,§ 4, eff. 8/1/2017.

Added by Act 2013, No. 1333,§ 5, eff. 8/16/2013.
Ark. Code Ann. § 8-6-303 — AR Code / Title 8 / Chapter 6 / Subchapter 3 / Section 8-6-303
Allocation of funds to counties - Distribution formula
Status: in_force

All of the general revenues and special revenues and other funds deposited into the County Solid Waste Management System Aid Fund during each fiscal year shall be allocated by the Treasurer of State to each of the several counties in the state. The fund shall be distributed to such counties only as provided in this subchapter, on the basis of seventy-five percent (75%) divided equally among the seventy-five (75) counties of the state and twenty-five percent (25%) on the basis of population according to the most recent federal decennial census, with each county to receive an allocation thereof in the proportion that its population bears to the total population of the state. Acts 1985, No. 986, § 2; A.S.A. 1947, § 13-565.

All of the general revenues and special revenues and other funds deposited into the County Solid Waste Management System Aid Fund during each fiscal year shall be allocated by the Treasurer of State to each of the several counties in the state. The fund shall be distributed to such counties only as provided in this subchapter, on the basis of seventy-five percent (75%) divided equally among the seventy-five (75) counties of the state and twenty-five percent (25%) on the basis of population according to the most recent federal decennial census, with each county to receive an allocation thereof in the proportion that its population bears to the total population of the state.

Acts 1985, No. 986, § 2; A.S.A. 1947, § 13-565.
Ark. Code Ann. § 8-6-1103 — AR Code / Title 8 / Chapter 6 / Subchapter 11 / Section 8-6-1103
Definitions
Status: in_force

As used in this subchapter: (1) "Board" means a regional solid waste management board established pursuant to § 8-6-701 et seq., or a successor board to the powers of the board; (2) "Commission" means the Arkansas Pollution Control and Ecology Commission; (3) "District" means a regional solid waste management district as established by § 8-6-701 et seq., or a successor district of a regional solid waste management district; (4) "Landfill" means a permitted landfill under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.; and (5) "Solid waste" means the same as provided by § 8-6-702 . Amended by Act 2019, No. 910,§ 2683, eff. 7/1/2019. Acts 1991, No. 319, § 3; 1999, No. 1164, § 78.

As used in this subchapter:

(1) "Board" means a regional solid waste management board established pursuant to § 8-6-701 et seq., or a successor board to the powers of the board;

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

(3) "District" means a regional solid waste management district as established by § 8-6-701 et seq., or a successor district of a regional solid waste management district;

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

(5) "Solid waste" means the same as provided by § 8-6-702 .

Amended by Act 2019, No. 910,§ 2683, eff. 7/1/2019.

Acts 1991, No. 319, § 3; 1999, No. 1164, § 78.
Ark. Code Ann. § 8-6-301 — AR Code / Title 8 / Chapter 6 / Subchapter 3 / Section 8-6-301
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "County solid waste collection and disposal system" or "county solid waste management system" means and includes either of the following: (A) A county owned and operated solid waste management and disposal system funded by moneys appropriated by the quorum court; (B) A municipally owned and operated solid waste management and disposal system located within the county or adjoining counties operated under contract with the county whereby the county is provided access thereto, and the quorum court appropriates funds to defray the county's share of the cost of operating the facility; (C) A privately owned solid waste management and disposal system located within the county or an adjoining county in which the county has entered into a contract providing access and services of the facilities for the use and benefit of the county under the terms of which the county's share of the operating cost is funded by an appropriation made by the quorum court of the county; or (D) A solid waste collection and disposal system operated by two (2) or more counties or by one (1) or more counties and one (1) or more municipalities or operated by a private owner under a compact or agreement whereby each of the participating counties and municipalities has access to the facilities of the solid waste collection and disposal system and appropriates, through its governing body, funds to defray their respective shares of the cost of such facility; and (2) "Solid waste management system" means the entire process of storage, collection, transportation, processing, treatment, and disposal of solid waste. Acts 1985, No. 986, § 1; A.S.A. 1947, § 13-564.

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

(1) "County solid waste collection and disposal system" or "county solid waste management system" means and includes either of the following: (A) A county owned and operated solid waste management and disposal system funded by moneys appropriated by the quorum court; (B) A municipally owned and operated solid waste management and disposal system located within the county or adjoining counties operated under contract with the county whereby the county is provided access thereto, and the quorum court appropriates funds to defray the county's share of the cost of operating the facility; (C) A privately owned solid waste management and disposal system located within the county or an adjoining county in which the county has entered into a contract providing access and services of the facilities for the use and benefit of the county under the terms of which the county's share of the operating cost is funded by an appropriation made by the quorum court of the county; or (D) A solid waste collection and disposal system operated by two (2) or more counties or by one (1) or more counties and one (1) or more municipalities or operated by a private owner under a compact or agreement whereby each of the participating counties and municipalities has access to the facilities of the solid waste collection and disposal system and appropriates, through its governing body, funds to defray their respective shares of the cost of such facility; and

(A) A county owned and operated solid waste management and disposal system funded by moneys appropriated by the quorum court;

(B) A municipally owned and operated solid waste management and disposal system located within the county or adjoining counties operated under contract with the county whereby the county is provided access thereto, and the quorum court appropriates funds to defray the county's share of the cost of operating the facility;

(C) A privately owned solid waste management and disposal system located within the county or an adjoining county in which the county has entered into a contract providing access and services of the facilities for the use and benefit of the county under the terms of which the county's share of the operating cost is funded by an appropriation made by the quorum court of the county; or

(D) A solid waste collection and disposal system operated by two (2) or more counties or by one (1) or more counties and one (1) or more municipalities or operated by a private owner under a compact or agreement whereby each of the participating counties and municipalities has access to the facilities of the solid waste collection and disposal system and appropriates, through its governing body, funds to defray their respective shares of the cost of such facility; and

(2) "Solid waste management system" means the entire process of storage, collection, transportation, processing, treatment, and disposal of solid waste.

Acts 1985, No. 986, § 1; A.S.A. 1947, § 13-564.
Ark. Code Ann. § 8-15-118 — AR Code / Title 8 / Chapter 15 / Section 8-15-118
Revolving fund
Status: in_force

(a) A property assessed energy improvement district may maintain a revolving fund to be held in trust by a banking institution chosen by the board of directors of the district separate from any other funds and administered by the board. (b) A district may transfer into its revolving fund money from any permissible source, including: (1) Bond revenues; (2) Contributions; and (3) Loans. Amended by Act 2015, No. 1162,§ 9, eff. 7/22/2015. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) A property assessed energy improvement district may maintain a revolving fund to be held in trust by a banking institution chosen by the board of directors of the district separate from any other funds and administered by the board.

(b) A district may transfer into its revolving fund money from any permissible source, including: (1) Bond revenues; (2) Contributions; and (3) Loans.

(1) Bond revenues;

(2) Contributions; and

(3) Loans.

Amended by Act 2015, No. 1162,§ 9, eff. 7/22/2015.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-15-110 — AR Code / Title 8 / Chapter 15 / Section 8-15-110
District boards of directors - Meetings
Status: in_force

(a) The board of directors of a property assessed energy improvement district shall hold quarterly meetings and special meetings, as needed, in a courthouse or other location within the district. (b) The time and place of the quarterly meetings shall be on file in the office of the district board of directors. Amended by Act 2015, No. 1162,§ 3, eff. 7/22/2015. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) The board of directors of a property assessed energy improvement district shall hold quarterly meetings and special meetings, as needed, in a courthouse or other location within the district.

(b) The time and place of the quarterly meetings shall be on file in the office of the district board of directors.

Amended by Act 2015, No. 1162,§ 3, eff. 7/22/2015.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-6-810 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-810
Rights of bondholders
Status: in_force

Any holder or registered owner of bonds or coupons pertaining to the bonds, except to the extent the rights given in this subchapter may be restricted by the resolution or trust indenture authorizing or securing the bonds and coupons, may, either at law or in equity, by suit, action, mandamus, or other proceeding protect and enforce any and all rights under the laws of the state or granted under this subchapter or, to the extent permitted by law, under the resolution or trust indenture authorizing or securing the bonds or under any agreement or other contract executed by a regional solid waste management district pursuant to this subchapter, and may enforce and compel the performance of all duties required by this subchapter or by the resolution or trust indenture to be performed by any district, or by any officer of the foregoing, including the fixing, charging, and collecting of rates, fees, and charges. Acts 1991, No. 752, § 4.

Any holder or registered owner of bonds or coupons pertaining to the bonds, except to the extent the rights given in this subchapter may be restricted by the resolution or trust indenture authorizing or securing the bonds and coupons, may, either at law or in equity, by suit, action, mandamus, or other proceeding protect and enforce any and all rights under the laws of the state or granted under this subchapter or, to the extent permitted by law, under the resolution or trust indenture authorizing or securing the bonds or under any agreement or other contract executed by a regional solid waste management district pursuant to this subchapter, and may enforce and compel the performance of all duties required by this subchapter or by the resolution or trust indenture to be performed by any district, or by any officer of the foregoing, including the fixing, charging, and collecting of rates, fees, and charges.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-4-309 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-309
Construction limited - Exception
Status: in_force

(a) Nothing contained in this subchapter shall be construed as amending or repealing § 20-21-201 et seq. concerning the control of radiation or as granting to the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission any jurisdiction or authority with respect to air conditions existing solely within the property boundaries of any plant, works, or shop or with respect to employer-employee relationships as to health and safety hazards. (b) Notwithstanding the preceding limitation, the division and the commission shall have jurisdiction and authority over air conditions associated with the removal, encapsulation, enclosure, transportation, or disposal of asbestos-containing material regardless of whether such removal, encapsulation, enclosure, transportation, or disposal is conducted within the property boundaries of any plant, works, or shop. Amended by Act 2019, No. 910,§ 2525, eff. 7/1/2019. Acts 1949, No. 472, [Part 2], § 13, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1942; Acts 1989, No. 559, § 1; 1997, No. 1219, § 6.

(a) Nothing contained in this subchapter shall be construed as amending or repealing § 20-21-201 et seq. concerning the control of radiation or as granting to the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission any jurisdiction or authority with respect to air conditions existing solely within the property boundaries of any plant, works, or shop or with respect to employer-employee relationships as to health and safety hazards.

(b) Notwithstanding the preceding limitation, the division and the commission shall have jurisdiction and authority over air conditions associated with the removal, encapsulation, enclosure, transportation, or disposal of asbestos-containing material regardless of whether such removal, encapsulation, enclosure, transportation, or disposal is conducted within the property boundaries of any plant, works, or shop.

Amended by Act 2019, No. 910,§ 2525, eff. 7/1/2019.

Acts 1949, No. 472, [Part 2], § 13, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1942; Acts 1989, No. 559, § 1; 1997, No. 1219, § 6.
Ark. Code Ann. § 8-4-303 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-303
Definitions
Status: in_force

As used in this subchapter: (1) "Air-cleaning device" means any method, process, or equipment which removes, reduces, or renders less noxious air contaminants discharged into the atmosphere; (2) "Air contaminant" means any solid, liquid, gas, or vapor or any combination thereof; (3) "Air contamination" means the presence in the outdoor atmosphere of one (1) or more air contaminants that contribute to a condition of air pollution; (4) "Air contamination source" means any source at, from, or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who owns or operates the building, premises, or other property in, at, or on which such source is located or the facility, equipment, or other property by which the emission is caused or from which the emission comes; (5) "Air pollution" means the presence in the outdoor atmosphere of one (1) or more air contaminants in quantities, of characteristics, and of a duration that are materially injurious or can be reasonably expected to become materially injurious to human, plant, or animal life or to property, or that unreasonably interfere with enjoyment of life or use of property throughout the state or throughout the area of the state as shall be affected thereby; (6) "Area of the state" means any city or county, or portion thereof, or other substantial geographical area of the state as may be designated by the Arkansas Pollution Control and Ecology Commission; (7) "Commission" means the Arkansas Pollution Control and Ecology Commission; (8) "Major source construction" means the construction of a new major stationary source or a major modification of an existing major stationary source as the terms "major stationary source" and "major modification" are defined in 40 C.F.R. § 51.165 , if applicable, or 40 C.F.R. § 51.166 , as they existed on July 1, 2012; (9) "NAAQS state implementation plan" means a state implementation plan that specifies measures to be used in the implementation of the state's duties under 42 U.S.C. § 7410 , for the attainment and maintenance of a specified National Ambient Air Quality Standard; (10) "National Ambient Air Quality Standard" or "NAAQS" means a national primary or secondary ambient air quality standard established under Title I of the Clean Air Act, 42 U.S.C. § 7401 et seq., and 40 C.F.R. Part 50 ; (11) "Person" means any individual, partnership, firm, company, public or private corporation, association, joint-stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state, or any other legal entity whatever that is recognized by law as the subject of rights and duties; and (12) "State implementation plan" means a plan that specifies measures to be used in the implementation of the state's duties under the Clean Air Act, 42 U.S.C. § 7401 et seq., and that is developed by the Division of Environmental Quality and submitted to the United States Environmental Protection Agency for review and approval. Amended by Act 2019, No. 910,§ 2522, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2521, eff. 7/1/2019. Amended by Act 2017, No. 455,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1302,§ 1, eff. 4/18/2013. Acts 1949, No. 472, [Part 2], § 3, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1933; Acts 1997, No. 1219, § 6; 1999, No. 1164, § 30.

As used in this subchapter:

(1) "Air-cleaning device" means any method, process, or equipment which removes, reduces, or renders less noxious air contaminants discharged into the atmosphere;

(2) "Air contaminant" means any solid, liquid, gas, or vapor or any combination thereof;

(3) "Air contamination" means the presence in the outdoor atmosphere of one (1) or more air contaminants that contribute to a condition of air pollution;

(4) "Air contamination source" means any source at, from, or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who owns or operates the building, premises, or other property in, at, or on which such source is located or the facility, equipment, or other property by which the emission is caused or from which the emission comes;

(5) "Air pollution" means the presence in the outdoor atmosphere of one (1) or more air contaminants in quantities, of characteristics, and of a duration that are materially injurious or can be reasonably expected to become materially injurious to human, plant, or animal life or to property, or that unreasonably interfere with enjoyment of life or use of property throughout the state or throughout the area of the state as shall be affected thereby;

(6) "Area of the state" means any city or county, or portion thereof, or other substantial geographical area of the state as may be designated by the Arkansas Pollution Control and Ecology Commission;

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

(8) "Major source construction" means the construction of a new major stationary source or a major modification of an existing major stationary source as the terms "major stationary source" and "major modification" are defined in 40 C.F.R. § 51.165 , if applicable, or 40 C.F.R. § 51.166 , as they existed on July 1, 2012;

(9) "NAAQS state implementation plan" means a state implementation plan that specifies measures to be used in the implementation of the state's duties under 42 U.S.C. § 7410 , for the attainment and maintenance of a specified National Ambient Air Quality Standard;

(10) "National Ambient Air Quality Standard" or "NAAQS" means a national primary or secondary ambient air quality standard established under Title I of the Clean Air Act, 42 U.S.C. § 7401 et seq., and 40 C.F.R. Part 50 ;

(11) "Person" means any individual, partnership, firm, company, public or private corporation, association, joint-stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state, or any other legal entity whatever that is recognized by law as the subject of rights and duties; and

(12) "State implementation plan" means a plan that specifies measures to be used in the implementation of the state's duties under the Clean Air Act, 42 U.S.C. § 7401 et seq., and that is developed by the Division of Environmental Quality and submitted to the United States Environmental Protection Agency for review and approval.

Amended by Act 2019, No. 910,§ 2522, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2521, eff. 7/1/2019.

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

Amended by Act 2013, No. 1302,§ 1, eff. 4/18/2013.

Acts 1949, No. 472, [Part 2], § 3, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1933; Acts 1997, No. 1219, § 6; 1999, No. 1164, § 30.
Ark. Code Ann. § 8-6-1101 — AR Code / Title 8 / Chapter 6 / Subchapter 11 / Section 8-6-1101
Findings
Status: in_force

The General Assembly makes the following findings: (1) As of July 30, 1990, the landfill capacity in Arkansas stood at about four and three-tenths (4.3) years of landfill life for sixty-three (63) municipal solid waste landfills; (2) The present landfill capacity in the State of Arkansas is inadequate, and a landfill capacity of at least ten (10) years should be developed for solid waste generated in this state in order to provide sufficient protection for the public health, welfare, and safety and to provide for the future development of the state; (3) Adequate solid waste management planning has not been possible because of the lack of accurate statistics on industrial waste generation, landfill capacity, and use; (4) Legislation has been introduced in this session of the General Assembly to: (A) Require better reporting by industries using landfills; (B) Assist the development of adequate landfill capacity through regional funding and grants; and (C) Lengthen the usable life of existing landfills through recycling; and (5) Temporary restrictions on the disposal of out-of-district solid waste should be imposed for the purpose of: (A) Providing additional time for districts to obtain information necessary for regional planning; (B) Encouraging districts to develop regional solid waste management solutions; and (C) Developing a statewide and district landfill capacity of at least ten (10) years. Acts 1991, No. 319, § 1.

The General Assembly makes the following findings:

(1) As of July 30, 1990, the landfill capacity in Arkansas stood at about four and three-tenths (4.3) years of landfill life for sixty-three (63) municipal solid waste landfills;

(2) The present landfill capacity in the State of Arkansas is inadequate, and a landfill capacity of at least ten (10) years should be developed for solid waste generated in this state in order to provide sufficient protection for the public health, welfare, and safety and to provide for the future development of the state;

(3) Adequate solid waste management planning has not been possible because of the lack of accurate statistics on industrial waste generation, landfill capacity, and use;

(4) Legislation has been introduced in this session of the General Assembly to: (A) Require better reporting by industries using landfills; (B) Assist the development of adequate landfill capacity through regional funding and grants; and (C) Lengthen the usable life of existing landfills through recycling; and

(A) Require better reporting by industries using landfills;

(B) Assist the development of adequate landfill capacity through regional funding and grants; and

(C) Lengthen the usable life of existing landfills through recycling; and

(5) Temporary restrictions on the disposal of out-of-district solid waste should be imposed for the purpose of: (A) Providing additional time for districts to obtain information necessary for regional planning; (B) Encouraging districts to develop regional solid waste management solutions; and (C) Developing a statewide and district landfill capacity of at least ten (10) years.

(A) Providing additional time for districts to obtain information necessary for regional planning;

(B) Encouraging districts to develop regional solid waste management solutions; and

(C) Developing a statewide and district landfill capacity of at least ten (10) years.

Acts 1991, No. 319, § 1.
Ark. Code Ann. § 8-1-310 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-310
Burden of proof
Status: in_force

(a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence. (b) A party seeking disclosure under § 8-1-307 has the burden of proving the privilege is asserted for a fraudulent purpose. Acts 1995, No. 350, § 1; 1999, No. 871, § 6.

(a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence.

(b) A party seeking disclosure under § 8-1-307 has the burden of proving the privilege is asserted for a fraudulent purpose.

Acts 1995, No. 350, § 1; 1999, No. 871, § 6.
Ark. Code Ann. § 8-6-1201 — AR Code / Title 8 / Chapter 6 / Subchapter 12 / Section 8-6-1201
Legislative intent
Status: in_force

The purpose of this subchapter is to protect the public health and the state's environmental quality by establishing standards and promulgating rules by the Arkansas Pollution Control and Ecology Commission for the disposal of potentially harmful materials, specifically incinerator ash and petroleum-contaminated soils in a permitted landfill. Amended by Act 2019, No. 315,§ 570, eff. 7/24/2019. Acts 1991, No. 1183, § 1.

The purpose of this subchapter is to protect the public health and the state's environmental quality by establishing standards and promulgating rules by the Arkansas Pollution Control and Ecology Commission for the disposal of potentially harmful materials, specifically incinerator ash and petroleum-contaminated soils in a permitted landfill.

Amended by Act 2019, No. 315,§ 570, eff. 7/24/2019.

Acts 1991, No. 1183, § 1.
Ark. Code Ann. § 8-7-511 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-511
Furnishing of information
Status: in_force

(a) For purposes of assisting in determining the need for remedial action in connection with a release or threat of release of hazardous substances under this subchapter or for enforcing the provisions of this subchapter, any person who stores, treats, or disposes of hazardous substances, or, if necessary to ascertain facts not available at the site or facility where the hazardous substances are stored, treated, or disposed of, any person who generates, transports, otherwise handles, or has handled hazardous substances shall, upon request of any officer or employee of the Division of Environmental Quality, furnish information relating to the hazardous substance and permit the person at all reasonable times to have access to and copy all records relating to the hazardous substances and to inspect and obtain samples of any such hazardous substances or other materials. (b) However, any information which would constitute a trade secret under § 4-75-601 et seq., obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, the division, or any employees of the Department of Energy and Environment or the division, in the administration of this subchapter, except emission data, shall be kept confidential. (c) Any violation of this section is a Class A misdemeanor. Amended by Act 2019, No. 693,§ 21, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2763, eff. 7/1/2019. Acts 1985, No. 479, § 12; A.S.A. 1947, § 82-4723.

(a) For purposes of assisting in determining the need for remedial action in connection with a release or threat of release of hazardous substances under this subchapter or for enforcing the provisions of this subchapter, any person who stores, treats, or disposes of hazardous substances, or, if necessary to ascertain facts not available at the site or facility where the hazardous substances are stored, treated, or disposed of, any person who generates, transports, otherwise handles, or has handled hazardous substances shall, upon request of any officer or employee of the Division of Environmental Quality, furnish information relating to the hazardous substance and permit the person at all reasonable times to have access to and copy all records relating to the hazardous substances and to inspect and obtain samples of any such hazardous substances or other materials.

(b) However, any information which would constitute a trade secret under § 4-75-601 et seq., obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, the division, or any employees of the Department of Energy and Environment or the division, in the administration of this subchapter, except emission data, shall be kept confidential.

(c) Any violation of this section is a Class A misdemeanor.

Amended by Act 2019, No. 693,§ 21, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2763, eff. 7/1/2019.

Acts 1985, No. 479, § 12; A.S.A. 1947, § 82-4723.
Ark. Code Ann. § 8-6-722 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-722
Penalties
Status: in_force

Any person who violates this subchapter or any rule of the Arkansas Pollution Control and Ecology Commission or of a regional solid waste management board shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be subject to imprisonment for not more than thirty (30) days or a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine. Amended by Act 2019, No. 315,§ 558, eff. 7/24/2019. Acts 1991, No. 752, § 2.

Any person who violates this subchapter or any rule of the Arkansas Pollution Control and Ecology Commission or of a regional solid waste management board shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be subject to imprisonment for not more than thirty (30) days or a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine.

Amended by Act 2019, No. 315,§ 558, eff. 7/24/2019.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-6-416 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-416
Disposition of sale proceeds
Status: in_force

(a) From the proceeds of any sale, the enforcement agency which sold the junk motor vehicle, old vehicle tire, or inoperative or discarded household appliance shall reimburse itself for any expenses it may have incurred in removing, towing, preserving, and storing the property and for the expenses of conducting any auction and any notice and publication expenses incurred pursuant to this subchapter. (b) Any remainder from the proceeds of the sale shall be deposited into the State Treasury to be kept and maintained in the Litter Control Account. Any remainder from the proceeds of the sale of a junk motor vehicle after payment of the expenses shall be held for the last registered owner of the junk motor vehicle or any lienholder for ninety (90) days, after which time, if no owner or lienholder claims the remainder, it shall be deposited into the account. (c) Any moneys so collected and deposited into the account shall be used solely for the payment of auction, towing, removing, preserving, storing, notice, and publication costs which result from taking other junk motor vehicles, old vehicle tires, and inoperative or discarded household appliances into custody and possession. Acts 1977, No. 883, § 15; A.S.A. 1947, § 82-3915.

(a) From the proceeds of any sale, the enforcement agency which sold the junk motor vehicle, old vehicle tire, or inoperative or discarded household appliance shall reimburse itself for any expenses it may have incurred in removing, towing, preserving, and storing the property and for the expenses of conducting any auction and any notice and publication expenses incurred pursuant to this subchapter.

(b) Any remainder from the proceeds of the sale shall be deposited into the State Treasury to be kept and maintained in the Litter Control Account. Any remainder from the proceeds of the sale of a junk motor vehicle after payment of the expenses shall be held for the last registered owner of the junk motor vehicle or any lienholder for ninety (90) days, after which time, if no owner or lienholder claims the remainder, it shall be deposited into the account.

(c) Any moneys so collected and deposited into the account shall be used solely for the payment of auction, towing, removing, preserving, storing, notice, and publication costs which result from taking other junk motor vehicles, old vehicle tires, and inoperative or discarded household appliances into custody and possession.

Acts 1977, No. 883, § 15; A.S.A. 1947, § 82-3915.
Ark. Code Ann. § 8-10-403 — AR Code / Title 8 / Chapter 10 / Subchapter 4 / Section 8-10-403
Definitions
Status: in_force

As used in this subchapter: (1) "Petroleum" means crude oil, gasoline, or any other nonvaporous petroleum product carried in a pipeline that crosses into the watershed of a public surface water supply; (2) (A) "Public surface water supply" means a body of water, including without limitation a river, lake, reservoir, or other impoundment and the watershed that drains into the river, lake, reservoir, or other impoundment that is owned, leased, or otherwise used by a public water provider. (B) "Public surface water supply" does not include water contained in an aquifer or aboveground water storage tank; (3) (A) "Public water provider" means an entity that provides water for domestic, business, or industrial purposes. (B) "Public water provider" includes without limitation a consolidated waterworks system created under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., city government, county government, regional water district, and nonprofit organization; and (4) "Watercourse" means a river, stream, bayou, cove, or canal. Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Petroleum" means crude oil, gasoline, or any other nonvaporous petroleum product carried in a pipeline that crosses into the watershed of a public surface water supply;

(2) (A) "Public surface water supply" means a body of water, including without limitation a river, lake, reservoir, or other impoundment and the watershed that drains into the river, lake, reservoir, or other impoundment that is owned, leased, or otherwise used by a public water provider. (B) "Public surface water supply" does not include water contained in an aquifer or aboveground water storage tank;

(A) "Public surface water supply" means a body of water, including without limitation a river, lake, reservoir, or other impoundment and the watershed that drains into the river, lake, reservoir, or other impoundment that is owned, leased, or otherwise used by a public water provider.

(B) "Public surface water supply" does not include water contained in an aquifer or aboveground water storage tank;

(3) (A) "Public water provider" means an entity that provides water for domestic, business, or industrial purposes. (B) "Public water provider" includes without limitation a consolidated waterworks system created under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., city government, county government, regional water district, and nonprofit organization; and

(A) "Public water provider" means an entity that provides water for domestic, business, or industrial purposes.

(B) "Public water provider" includes without limitation a consolidated waterworks system created under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq., city government, county government, regional water district, and nonprofit organization; and

(4) "Watercourse" means a river, stream, bayou, cove, or canal.

Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-6-1303 — AR Code / Title 8 / Chapter 6 / Subchapter 13 / Section 8-6-1303
Construction
Status: in_force

(a) Nothing in this subchapter shall be construed to affect the authority of cities and counties to enact zoning regulations or procedures that control the location of medical waste facilities or sites. (b) This subchapter shall be liberally construed so as to achieve remedial intent. Acts 1992 (1st Ex. Sess.), No. 75, § 6; 1995, No. 496, § 1.

(a) Nothing in this subchapter shall be construed to affect the authority of cities and counties to enact zoning regulations or procedures that control the location of medical waste facilities or sites.

(b) This subchapter shall be liberally construed so as to achieve remedial intent.

Acts 1992 (1st Ex. Sess.), No. 75, § 6; 1995, No. 496, § 1.
Ark. Code Ann. § 8-7-707 — AR Code / Title 8 / Chapter 7 / Subchapter 7 / Section 8-7-707
Director and officer liability
Status: in_force

No director or officer of a corporation whose sole purpose as stated in its articles of incorporation is to own, implement a response action at, or hold one (1) or more hazardous sites, shall be liable to any person or entity for any action of the corporation reasonably related to the stated purpose of the corporation. This section shall not apply to any action of the corporation resulting from the gross negligence or willful misconduct of a director or officer of said corporation. Acts 1989, No. 350, § 8.

No director or officer of a corporation whose sole purpose as stated in its articles of incorporation is to own, implement a response action at, or hold one (1) or more hazardous sites, shall be liable to any person or entity for any action of the corporation reasonably related to the stated purpose of the corporation. This section shall not apply to any action of the corporation resulting from the gross negligence or willful misconduct of a director or officer of said corporation.

Acts 1989, No. 350, § 8.
Ark. Code Ann. § 8-6-1301 — AR Code / Title 8 / Chapter 6 / Subchapter 13 / Section 8-6-1301
Legislative findings and purpose
Status: in_force

(a) The General Assembly has found that there is an increased interest in obtaining permits from the former Arkansas Department of Environmental Quality or the Division of Environmental Quality for the purpose of constructing and operating commercial medical waste incineration facilities. The Clean Air Act in 42 U.S.C. § 7429(a)(1)(C) has directed the United States Environmental Protection Agency to promulgate regulations concerning these commercial medical waste incineration facilities. The General Assembly has determined that it is necessary to delay the issuance of permits to these commercial medical waste incineration facilities until those regulations are promulgated in order to ensure that any permits issued will be based on the latest available information concerning technology and safety as set forth in the federal regulations. (b) As scientific understanding of the potential public health and environmental impacts from large-scale medical waste incineration evolves, the General Assembly finds that continued caution regarding the development of commercial medical waste incineration facilities is necessary in order to protect the public health, safety, and welfare. Even though medical waste incinerators constitute major sources of potentially harmful emissions into the air, the United States Environmental Protection Agency has yet to promulgate technology standards necessary to assure safe operation. In the meantime, highly speculative ventures seek to profit from the regulatory uncertainty by promoting undercapitalized incineration facilities handling volumes of waste far in excess of that from the largest hospital. (c) This subchapter seeks to protect the public welfare by assuring that: (1) Commercial-scale medical waste incinerators beginning operation after March 1, 1995, will be in compliance with the most recent operating standards and rules; (2) The owner or operator of any commercial-scale medical waste incinerator beginning operation after March 1, 1995, shall demonstrate financial assurances necessary to ensure the proper operation, maintenance, and closure of such facilities; (3) A transfer of ownership or control of any commercial-scale medical waste incinerator will prompt regulatory officials to apply permitting standards and procedures as stringent as those applicable for the issuance of a new permit; (4) Generators of medical waste are encouraged to follow the hierarchy of waste management goals set out in the Arkansas Pollution Prevention Act, § 8-10-201 et seq.; and (5) Both generators of medical waste and regulatory officials will give proper consideration to alternative technologies for treating medical waste other than incineration. Amended by Act 2019, No. 315,§ 575, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2689, eff. 7/1/2019. Acts 1992 (1st Ex. Sess.), No. 75, § 1; 1995, No. 496, § 1; 1999, No. 1164, § 81.

(a) The General Assembly has found that there is an increased interest in obtaining permits from the former Arkansas Department of Environmental Quality or the Division of Environmental Quality for the purpose of constructing and operating commercial medical waste incineration facilities. The Clean Air Act in 42 U.S.C. § 7429(a)(1)(C) has directed the United States Environmental Protection Agency to promulgate regulations concerning these commercial medical waste incineration facilities. The General Assembly has determined that it is necessary to delay the issuance of permits to these commercial medical waste incineration facilities until those regulations are promulgated in order to ensure that any permits issued will be based on the latest available information concerning technology and safety as set forth in the federal regulations.

(b) As scientific understanding of the potential public health and environmental impacts from large-scale medical waste incineration evolves, the General Assembly finds that continued caution regarding the development of commercial medical waste incineration facilities is necessary in order to protect the public health, safety, and welfare. Even though medical waste incinerators constitute major sources of potentially harmful emissions into the air, the United States Environmental Protection Agency has yet to promulgate technology standards necessary to assure safe operation. In the meantime, highly speculative ventures seek to profit from the regulatory uncertainty by promoting undercapitalized incineration facilities handling volumes of waste far in excess of that from the largest hospital.

(c) This subchapter seeks to protect the public welfare by assuring that: (1) Commercial-scale medical waste incinerators beginning operation after March 1, 1995, will be in compliance with the most recent operating standards and rules; (2) The owner or operator of any commercial-scale medical waste incinerator beginning operation after March 1, 1995, shall demonstrate financial assurances necessary to ensure the proper operation, maintenance, and closure of such facilities; (3) A transfer of ownership or control of any commercial-scale medical waste incinerator will prompt regulatory officials to apply permitting standards and procedures as stringent as those applicable for the issuance of a new permit; (4) Generators of medical waste are encouraged to follow the hierarchy of waste management goals set out in the Arkansas Pollution Prevention Act, § 8-10-201 et seq.; and (5) Both generators of medical waste and regulatory officials will give proper consideration to alternative technologies for treating medical waste other than incineration.

(1) Commercial-scale medical waste incinerators beginning operation after March 1, 1995, will be in compliance with the most recent operating standards and rules;

(2) The owner or operator of any commercial-scale medical waste incinerator beginning operation after March 1, 1995, shall demonstrate financial assurances necessary to ensure the proper operation, maintenance, and closure of such facilities;

(3) A transfer of ownership or control of any commercial-scale medical waste incinerator will prompt regulatory officials to apply permitting standards and procedures as stringent as those applicable for the issuance of a new permit;

(4) Generators of medical waste are encouraged to follow the hierarchy of waste management goals set out in the Arkansas Pollution Prevention Act, § 8-10-201 et seq.; and

(5) Both generators of medical waste and regulatory officials will give proper consideration to alternative technologies for treating medical waste other than incineration.

Amended by Act 2019, No. 315,§ 575, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2689, eff. 7/1/2019.

Acts 1992 (1st Ex. Sess.), No. 75, § 1; 1995, No. 496, § 1; 1999, No. 1164, § 81.
Ark. Code Ann. § 8-6-604 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-604
Recycling plans and implementation
Status: in_force

(a) Unless otherwise excused by the Arkansas Pollution Control and Ecology Commission pursuant to the Arkansas Solid Waste Management Act, § 8-6-201 et seq., each governmental entity which is required to submit or has submitted a solid waste management plan pursuant to § 8-6-211 shall produce, by July 1, 1991, a solid waste management plan which proposes the establishment of recycling programs and facilities. The plan shall be subject to review and approval by the Division of Environmental Quality. (b) Pursuant to established procedures, the division may initiate enforcement actions against governmental entities for failure to abide by the requirements of subsection (a) of this section. Enforcement sanctions may include, but are not limited to, denial, discontinuation, or reimbursement of grant funds awarded pursuant to any programs administered by the division. Amended by Act 2019, No. 910,§ 2628, eff. 7/1/2019. Acts 1989, No. 849, § 4; 1989, No. 934, § 4.

(a) Unless otherwise excused by the Arkansas Pollution Control and Ecology Commission pursuant to the Arkansas Solid Waste Management Act, § 8-6-201 et seq., each governmental entity which is required to submit or has submitted a solid waste management plan pursuant to § 8-6-211 shall produce, by July 1, 1991, a solid waste management plan which proposes the establishment of recycling programs and facilities. The plan shall be subject to review and approval by the Division of Environmental Quality.

(b) Pursuant to established procedures, the division may initiate enforcement actions against governmental entities for failure to abide by the requirements of subsection (a) of this section. Enforcement sanctions may include, but are not limited to, denial, discontinuation, or reimbursement of grant funds awarded pursuant to any programs administered by the division.

Amended by Act 2019, No. 910,§ 2628, eff. 7/1/2019.

Acts 1989, No. 849, § 4; 1989, No. 934, § 4.
Ark. Code Ann. § 8-7-1206 — AR Code / Title 8 / Chapter 7 / Subchapter 12 / Section 8-7-1206
Abandoned pesticide disposal
Status: in_force

(a) (1) Moneys received into the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund shall be from gifts, grants, or funds from entities other than the State Plant Board and from a fee not to exceed one hundred dollars ($100) established by rule by the State Plant Board per registered pesticide per registrant per year for the specific purpose of funding the disposal of abandoned pesticides. (2) This fee shall be known as the "Abandoned Pesticide Disposal Fee" and shall not be a part of the pesticide registration fee collected pursuant to § 2-16-407(f) . (3) The Abandoned Pesticide Disposal Fee shall not apply to products classified as: (A) "Sanitizers and disinfectants" by the State Plant Board; (B) Aerosol products which are not labeled for agricultural use; (C) Insect repellants which are labeled for use on the human body or clothing; (D) Silica gels and other nonvolatile ready-to-use paste, foam, or gel formulations of insecticidal baits; (E) Nonvolatile insecticidal baits in tamper-resistant bait stations; (F) Insecticidal flea and tick collars and spot-on flea treatments for dogs and cats; or (G) Insecticidal cattle ear tags. (4) Collection of the Abandoned Pesticide Disposal Fee shall be discontinued upon completion of the abandoned pesticide collection program. (5) Moneys received into the fund shall be utilized by the Department of Agriculture to pay for projects and other activities relating to the collection and disposal of abandoned pesticides and for administrative support. (6) The total allocation of funds for administrative support shall not exceed two hundred fifty thousand dollars ($250,000) per biennium. (b) (1) The department shall administer the program relating to the collection and disposal of abandoned pesticides. (2) The duties of the department shall include: (A) Developing and issuing requests for proposals from contractors to collect and dispose of abandoned pesticides; (B) Contracting for the collection and disposal of abandoned pesticides; and (C) Paying contractors for services relating to the collection and disposal of abandoned pesticides. Amended by Act 2023, No. 691,§ 53, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 52, eff. 7/1/2023. Amended by Act 2021, No. 364,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 364,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 364,§ 1, eff. 7/28/2021. Acts 1999, No. 1174, § 1; 2001, No. 1130, § 5.

(a) (1) Moneys received into the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund shall be from gifts, grants, or funds from entities other than the State Plant Board and from a fee not to exceed one hundred dollars ($100) established by rule by the State Plant Board per registered pesticide per registrant per year for the specific purpose of funding the disposal of abandoned pesticides. (2) This fee shall be known as the "Abandoned Pesticide Disposal Fee" and shall not be a part of the pesticide registration fee collected pursuant to § 2-16-407(f) . (3) The Abandoned Pesticide Disposal Fee shall not apply to products classified as: (A) "Sanitizers and disinfectants" by the State Plant Board; (B) Aerosol products which are not labeled for agricultural use; (C) Insect repellants which are labeled for use on the human body or clothing; (D) Silica gels and other nonvolatile ready-to-use paste, foam, or gel formulations of insecticidal baits; (E) Nonvolatile insecticidal baits in tamper-resistant bait stations; (F) Insecticidal flea and tick collars and spot-on flea treatments for dogs and cats; or (G) Insecticidal cattle ear tags. (4) Collection of the Abandoned Pesticide Disposal Fee shall be discontinued upon completion of the abandoned pesticide collection program. (5) Moneys received into the fund shall be utilized by the Department of Agriculture to pay for projects and other activities relating to the collection and disposal of abandoned pesticides and for administrative support. (6) The total allocation of funds for administrative support shall not exceed two hundred fifty thousand dollars ($250,000) per biennium.

(1) Moneys received into the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund shall be from gifts, grants, or funds from entities other than the State Plant Board and from a fee not to exceed one hundred dollars ($100) established by rule by the State Plant Board per registered pesticide per registrant per year for the specific purpose of funding the disposal of abandoned pesticides.

(2) This fee shall be known as the "Abandoned Pesticide Disposal Fee" and shall not be a part of the pesticide registration fee collected pursuant to § 2-16-407(f) .

(3) The Abandoned Pesticide Disposal Fee shall not apply to products classified as: (A) "Sanitizers and disinfectants" by the State Plant Board; (B) Aerosol products which are not labeled for agricultural use; (C) Insect repellants which are labeled for use on the human body or clothing; (D) Silica gels and other nonvolatile ready-to-use paste, foam, or gel formulations of insecticidal baits; (E) Nonvolatile insecticidal baits in tamper-resistant bait stations; (F) Insecticidal flea and tick collars and spot-on flea treatments for dogs and cats; or (G) Insecticidal cattle ear tags.

(A) "Sanitizers and disinfectants" by the State Plant Board;

(B) Aerosol products which are not labeled for agricultural use;

(C) Insect repellants which are labeled for use on the human body or clothing;

(D) Silica gels and other nonvolatile ready-to-use paste, foam, or gel formulations of insecticidal baits;

(E) Nonvolatile insecticidal baits in tamper-resistant bait stations;

(F) Insecticidal flea and tick collars and spot-on flea treatments for dogs and cats; or

(G) Insecticidal cattle ear tags.

(4) Collection of the Abandoned Pesticide Disposal Fee shall be discontinued upon completion of the abandoned pesticide collection program.

(5) Moneys received into the fund shall be utilized by the Department of Agriculture to pay for projects and other activities relating to the collection and disposal of abandoned pesticides and for administrative support.

(6) The total allocation of funds for administrative support shall not exceed two hundred fifty thousand dollars ($250,000) per biennium.

(b) (1) The department shall administer the program relating to the collection and disposal of abandoned pesticides. (2) The duties of the department shall include: (A) Developing and issuing requests for proposals from contractors to collect and dispose of abandoned pesticides; (B) Contracting for the collection and disposal of abandoned pesticides; and (C) Paying contractors for services relating to the collection and disposal of abandoned pesticides.

(1) The department shall administer the program relating to the collection and disposal of abandoned pesticides.

(2) The duties of the department shall include: (A) Developing and issuing requests for proposals from contractors to collect and dispose of abandoned pesticides; (B) Contracting for the collection and disposal of abandoned pesticides; and (C) Paying contractors for services relating to the collection and disposal of abandoned pesticides.

(A) Developing and issuing requests for proposals from contractors to collect and dispose of abandoned pesticides;

(B) Contracting for the collection and disposal of abandoned pesticides; and

(C) Paying contractors for services relating to the collection and disposal of abandoned pesticides.

Amended by Act 2023, No. 691,§ 53, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 52, eff. 7/1/2023.

Amended by Act 2021, No. 364,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 364,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 364,§ 1, eff. 7/28/2021.

Acts 1999, No. 1174, § 1; 2001, No. 1130, § 5.
Ark. Code Ann. § 8-4-105 — AR Code / Title 8 / Chapter 4 / Subchapter 1 / Section 8-4-105
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 2477, eff. 7/1/2019. Acts 1949, No. 472 [Part 1], § 2; 1963, No. 503, § 1; 1973, No. 262, § 2; A.S.A. 1947, § 82-1903; Acts 1991, No. 744, § 2; 1999, No. 1164, § 16.

Repealed by Act 2019, No. 910,§ 2477, eff. 7/1/2019.

Acts 1949, No. 472 [Part 1], § 2; 1963, No. 503, § 1; 1973, No. 262, § 2; A.S.A. 1947, § 82-1903; Acts 1991, No. 744, § 2; 1999, No. 1164, § 16.
Ark. Code Ann. § 8-6-813 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-813
Investment of public funds in bonds
Status: in_force

(a) Any municipality or any board, commission, or other authority established by ordinance of any municipality or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter. (b) Bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds. Acts 1991, No. 752, § 4.

(a) Any municipality or any board, commission, or other authority established by ordinance of any municipality or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter.

(b) Bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-6-701 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-701
Purpose - Legislative findings - Construction
Status: in_force

The purpose of this subchapter is to protect the public health and the state's environmental quality by establishing regional solid waste management and planning. The current system, relying upon solid waste management by individual counties and municipalities, has fostered present conditions in which certain areas of the state are facing capacity shortages of crisis proportions, while others experience a surfeit of capacity with individual disposal facilities which cannot muster the resources for environmentally responsible operators. Given these disparate environmental and economic concerns, the General Assembly concludes that regional solid waste management and planning, under the oversight of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission, is essential to address the imminent and future needs of the state. The terms and obligations of this subchapter shall be liberally construed so as to achieve remedial intent. Amended by Act 2019, No. 910,§ 2641, eff. 7/1/2019. Acts 1989, No. 870, § 1; 1991, No. 752, § 2; 1999, No. 1164, § 70.

The purpose of this subchapter is to protect the public health and the state's environmental quality by establishing regional solid waste management and planning. The current system, relying upon solid waste management by individual counties and municipalities, has fostered present conditions in which certain areas of the state are facing capacity shortages of crisis proportions, while others experience a surfeit of capacity with individual disposal facilities which cannot muster the resources for environmentally responsible operators. Given these disparate environmental and economic concerns, the General Assembly concludes that regional solid waste management and planning, under the oversight of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission, is essential to address the imminent and future needs of the state. The terms and obligations of this subchapter shall be liberally construed so as to achieve remedial intent.

Amended by Act 2019, No. 910,§ 2641, eff. 7/1/2019.

Acts 1989, No. 870, § 1; 1991, No. 752, § 2; 1999, No. 1164, § 70.
Ark. Code Ann. § 8-7-1002 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1002
Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that the proliferation and variety of hazardous chemicals present in government employment may affect the health, safety, and welfare of public employees of the State of Arkansas. (b) The General Assembly also finds that most private employers, in compliance with United States Occupational Safety and Health Administration regulations, provide their employees with training, information, and other protections concerning chemical hazards, but that public employees of the State of Arkansas and its political subdivisions are not subject to United States Occupational Safety and Health Administration regulations and do not receive the benefits of these protections. (c) It is the purpose of this subchapter to provide public employees access to training and information concerning hazardous chemicals to enable them to minimize their exposure to such hazardous chemicals and protect their health, safety, and welfare. Acts 1991, No. 556, § 2; 1991, No. 1172, § 2.

(a) The General Assembly finds that the proliferation and variety of hazardous chemicals present in government employment may affect the health, safety, and welfare of public employees of the State of Arkansas.

(b) The General Assembly also finds that most private employers, in compliance with United States Occupational Safety and Health Administration regulations, provide their employees with training, information, and other protections concerning chemical hazards, but that public employees of the State of Arkansas and its political subdivisions are not subject to United States Occupational Safety and Health Administration regulations and do not receive the benefits of these protections.

(c) It is the purpose of this subchapter to provide public employees access to training and information concerning hazardous chemicals to enable them to minimize their exposure to such hazardous chemicals and protect their health, safety, and welfare.

Acts 1991, No. 556, § 2; 1991, No. 1172, § 2.
Ark. Code Ann. § 8-7-814 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-814
Delivery prohibition
Status: in_force

(a) It shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the Division of Environmental Quality to be ineligible for fuel delivery or deposit. (b) The Arkansas Pollution Control and Ecology Commission shall adopt rules to implement the criteria and process required by the delivery prohibition requirements of the Energy Policy Act of 2005, Pub. L. No. 109-58, and the rules shall consist of, at a minimum, the federal guidelines for determining the significant operational compliance of underground storage tank systems. (c) In order to prevent the delivery of a regulated substance into an underground storage tank system that has been identified by the division to be ineligible for fuel delivery or deposit, the division shall affix a tamper-proof tag, seal, or other device blocking the fill pipes of the ineligible underground storage tank. This affixed notice shall serve as written notification to the owner, the operator, and the product delivery industry. (d) No owner or operator shall receive any regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed. (e) No person selling any regulated substance shall deliver or cause to be delivered a regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed. (f) It shall be unlawful for any person, other than an authorized representative of the division, to remove, tamper with, destroy, or damage a device affixed to any underground storage tank by division personnel. (g) Any person violating any provision of this section shall be subject to an assessment of an administrative civil penalty as set forth in this subchapter. Amended by Act 2019, No. 315,§ 663, eff. 7/24/2019. Acts 1999, No. 505, § 1; 2007, No. 264, § 3.

(a) It shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the Division of Environmental Quality to be ineligible for fuel delivery or deposit.

(b) The Arkansas Pollution Control and Ecology Commission shall adopt rules to implement the criteria and process required by the delivery prohibition requirements of the Energy Policy Act of 2005, Pub. L. No. 109-58, and the rules shall consist of, at a minimum, the federal guidelines for determining the significant operational compliance of underground storage tank systems.

(c) In order to prevent the delivery of a regulated substance into an underground storage tank system that has been identified by the division to be ineligible for fuel delivery or deposit, the division shall affix a tamper-proof tag, seal, or other device blocking the fill pipes of the ineligible underground storage tank. This affixed notice shall serve as written notification to the owner, the operator, and the product delivery industry.

(d) No owner or operator shall receive any regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed.

(e) No person selling any regulated substance shall deliver or cause to be delivered a regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed.

(f) It shall be unlawful for any person, other than an authorized representative of the division, to remove, tamper with, destroy, or damage a device affixed to any underground storage tank by division personnel.

(g) Any person violating any provision of this section shall be subject to an assessment of an administrative civil penalty as set forth in this subchapter.

Amended by Act 2019, No. 315,§ 663, eff. 7/24/2019.

Acts 1999, No. 505, § 1; 2007, No. 264, § 3.
Ark. Code Ann. § 8-5-207 — AR Code / Title 8 / Chapter 5 / Subchapter 2 / Section 8-5-207
Operators to be licensed
Status: in_force

In order to safeguard the public health and protect the waters of this state from pollution, all operators in responsible charge of public or private wastewater treatment plants shall be duly licensed and certified as competent by 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. All rules promulgated pursuant to this subchapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. Amended by Act 2019, No. 315,§ 506, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2561, eff. 7/1/2019. Acts 1971, No. 211, § 1; A.S.A. 1947, § 82-1983; Acts 1991, No. 1103, § 2; 1997, No. 179, § 2; 1997, No. 1219, § 7.

In order to safeguard the public health and protect the waters of this state from pollution, all operators in responsible charge of public or private wastewater treatment plants shall be duly licensed and certified as competent by 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. All rules promulgated pursuant to this subchapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

Amended by Act 2019, No. 315,§ 506, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2561, eff. 7/1/2019.

Acts 1971, No. 211, § 1; A.S.A. 1947, § 82-1983; Acts 1991, No. 1103, § 2; 1997, No. 179, § 2; 1997, No. 1219, § 7.
Ark. Code Ann. § 8-7-510 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-510
Federal actions or compensation not to be duplicated
Status: in_force

No actions taken pursuant to this subchapter by the Division of Environmental Quality shall duplicate federal actions, and no claims for the costs of response or other claims compensable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, shall be compensable under this subchapter. Amended by Act 2019, No. 910,§ 2762, eff. 7/1/2019. Acts 1985, No. 479, § 5; A.S.A. 1947, § 82-4716.

No actions taken pursuant to this subchapter by the Division of Environmental Quality shall duplicate federal actions, and no claims for the costs of response or other claims compensable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, shall be compensable under this subchapter.

Amended by Act 2019, No. 910,§ 2762, eff. 7/1/2019.

Acts 1985, No. 479, § 5; A.S.A. 1947, § 82-4716.
Ark. Code Ann. § 8-6-2005 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2005
Prohibited conduct
Status: in_force

An act or omission that results in one (1) or more of the following in this state is prohibited by this subchapter: (1) The illegal dumping of solid waste or illegal disposal of solid waste; (2) The creation or participation in the creation or furtherance of an illegal dump site; (3) The illegal disposal of solid waste or illegal dumping of solid waste that has resulted from a property owner's own household activities on his or her own land if the disposal: (A) Creates a public or private nuisance; (B) Is a hazard to health; or (C) Involves the open dumping of garbage; or (4) Any other environmental violation applicable to this subchapter under § 8-6-2004 . Amended by Act 2021, No. 749,§ 4, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

An act or omission that results in one (1) or more of the following in this state is prohibited by this subchapter:

(1) The illegal dumping of solid waste or illegal disposal of solid waste;

(2) The creation or participation in the creation or furtherance of an illegal dump site;

(3) The illegal disposal of solid waste or illegal dumping of solid waste that has resulted from a property owner's own household activities on his or her own land if the disposal: (A) Creates a public or private nuisance; (B) Is a hazard to health; or (C) Involves the open dumping of garbage; or

(A) Creates a public or private nuisance;

(B) Is a hazard to health; or

(C) Involves the open dumping of garbage; or

(4) Any other environmental violation applicable to this subchapter under § 8-6-2004 .

Amended by Act 2021, No. 749,§ 4, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-5-601 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-601
Title
Status: in_force

This subchapter shall be known and cited as the "Arkansas Privatization Act". Acts 1985, No. 690, § 1; A.S.A. 1947, § 82-1992.

This subchapter shall be known and cited as the "Arkansas Privatization Act".

Acts 1985, No. 690, § 1; A.S.A. 1947, § 82-1992.
Ark. Code Ann. § 8-4-221 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-221
Violations of chapter, orders, rules, etc. - Hearing - Orders
Status: in_force

On the basis of the evidence produced at the hearing, the Arkansas Pollution Control and Ecology Commission shall enter such order as in its opinion will best further the purposes of this chapter. A copy of the order shall be served upon the alleged violator and on such other persons as shall have appeared at the hearing and made written request for notice of the order, in the manner provided by § 8-4-214 . The order of the commission shall become final and binding on all parties unless appealed, as provided in §§ 8-4-222 - 8-4-229 , within thirty (30) days after service of the order. Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 19; 1993, No. 165, § 19.

On the basis of the evidence produced at the hearing, the Arkansas Pollution Control and Ecology Commission shall enter such order as in its opinion will best further the purposes of this chapter. A copy of the order shall be served upon the alleged violator and on such other persons as shall have appeared at the hearing and made written request for notice of the order, in the manner provided by § 8-4-214 . The order of the commission shall become final and binding on all parties unless appealed, as provided in §§ 8-4-222 - 8-4-229 , within thirty (30) days after service of the order.

Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 19; 1993, No. 165, § 19.
Ark. Code Ann. § 8-4-306 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-306
Political subdivisions preempted - Exception
Status: in_force

(a) In order to avoid conflicting and overlapping jurisdiction, it is the intention of this chapter to occupy, by preemption, the field of control and abatement of air pollution and contamination and no political subdivision of this state shall enact or enforce laws, ordinances, resolutions, rules, or regulations in this field. (b) Notwithstanding subsection (a) of this section, any political subdivision of this state may enact and enforce laws, ordinances, resolutions, rules, or regulations for the purpose of prohibiting burning in the open or in a receptacle having no means for significantly controlling the fuel/air ratio. (c) Nothing in this chapter shall be construed to prevent private actions under existing laws. Acts 1949, No. 472, [Part 2], § 12, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1941; Acts 1989, No. 765, § 1.

(a) In order to avoid conflicting and overlapping jurisdiction, it is the intention of this chapter to occupy, by preemption, the field of control and abatement of air pollution and contamination and no political subdivision of this state shall enact or enforce laws, ordinances, resolutions, rules, or regulations in this field.

(b) Notwithstanding subsection (a) of this section, any political subdivision of this state may enact and enforce laws, ordinances, resolutions, rules, or regulations for the purpose of prohibiting burning in the open or in a receptacle having no means for significantly controlling the fuel/air ratio.

(c) Nothing in this chapter shall be construed to prevent private actions under existing laws.

Acts 1949, No. 472, [Part 2], § 12, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1941; Acts 1989, No. 765, § 1.
Ark. Code Ann. § 8-6-404 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-404
Disposition of fines collected
Status: in_force

All fines collected under §§ 8-6-406 - 8-6-408 shall be deposited as follows: (1) If a municipality or county where the offense occurs is a certified affiliate of Keep Arkansas Beautiful or Keep America Beautiful, Inc., and participates in litter-control programs conducted by these organizations, then the moneys from fines collected for offenses in that jurisdiction shall be deposited, according to accounting procedures prescribed by law, into the city general fund or the county general fund to be used for the purpose of community improvement as determined by the municipal or county governing body; or (2) If the municipality or county where the offense occurs is not a certified affiliate of Keep Arkansas Beautiful or Keep America Beautiful, Inc., or does not participate in litter-control programs conducted by these organizations, then the moneys from fines collected for offenses in those jurisdictions shall be remitted by the tenth day of each month to the Administration of Justice Funds Section, on a form provided by the Office of Administrative Services of the Department of Finance and Administration, for deposit into the Keep Arkansas Beautiful Fund Account to be used by the Keep Arkansas Beautiful Commission, as appropriated by the General Assembly, for the purposes of encouraging litter prevention and anti-litter education and increasing awareness of litter law enforcement statewide. Amended by Act 2015, No. 1264,§ 3, eff. 7/22/2015. Acts 1977, No. 883, §§ 7, 11; 1981, No. 841, §§ 1, 2; A.S.A. 1947, §§ 82-3907, 82-3911; Acts 1993, No. 727, § 1; 1995, No. 979, § 1; 2001, No. 145, § 1; 2003, No. 1765, § 3; 2005, No. 646, § 1.

All fines collected under §§ 8-6-406 - 8-6-408 shall be deposited as follows:

(1) If a municipality or county where the offense occurs is a certified affiliate of Keep Arkansas Beautiful or Keep America Beautiful, Inc., and participates in litter-control programs conducted by these organizations, then the moneys from fines collected for offenses in that jurisdiction shall be deposited, according to accounting procedures prescribed by law, into the city general fund or the county general fund to be used for the purpose of community improvement as determined by the municipal or county governing body; or

(2) If the municipality or county where the offense occurs is not a certified affiliate of Keep Arkansas Beautiful or Keep America Beautiful, Inc., or does not participate in litter-control programs conducted by these organizations, then the moneys from fines collected for offenses in those jurisdictions shall be remitted by the tenth day of each month to the Administration of Justice Funds Section, on a form provided by the Office of Administrative Services of the Department of Finance and Administration, for deposit into the Keep Arkansas Beautiful Fund Account to be used by the Keep Arkansas Beautiful Commission, as appropriated by the General Assembly, for the purposes of encouraging litter prevention and anti-litter education and increasing awareness of litter law enforcement statewide.

Amended by Act 2015, No. 1264,§ 3, eff. 7/22/2015.

Acts 1977, No. 883, §§ 7, 11; 1981, No. 841, §§ 1, 2; A.S.A. 1947, §§ 82-3907, 82-3911; Acts 1993, No. 727, § 1; 1995, No. 979, § 1; 2001, No. 145, § 1; 2003, No. 1765, § 3; 2005, No. 646, § 1.
Ark. Code Ann. § 8-6-723 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-723
Alternative formation of original districts
Status: in_force

(a) (1) In lieu of forming a regional solid waste management district under any other provision of this subchapter, a district may be created by interlocal agreement of the local governments in any county with a population of at least ninety thousand (90,000) persons and in which there is a permitted landfill on January 1, 1991. The regional solid waste management board of the district shall be established by interlocal agreement. (2) The creation of the district shall be effective upon the Director of the Division of Environmental Quality's receipt of written notice in the form of a joint resolution by the local governments. (b) The creation of a district shall be effective upon the governing body of the authority notifying the director in writing. The governing body of a district created under this subsection shall be determined by the authority creating the district. The provisions of § 8-6-703 or any other section of this subchapter which provides for the method of selection of the governing body of a district shall not apply to districts formed under this subsection. (c) The Arkansas Pollution Control and Ecology Commission shall have no authority to add to or otherwise change the boundaries of a district created under this section. Amended by Act 2019, No. 910,§ 2658, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2657, eff. 7/1/2019. Acts 1991, No. 752, § 2.

(a) (1) In lieu of forming a regional solid waste management district under any other provision of this subchapter, a district may be created by interlocal agreement of the local governments in any county with a population of at least ninety thousand (90,000) persons and in which there is a permitted landfill on January 1, 1991. The regional solid waste management board of the district shall be established by interlocal agreement. (2) The creation of the district shall be effective upon the Director of the Division of Environmental Quality's receipt of written notice in the form of a joint resolution by the local governments.

(1) In lieu of forming a regional solid waste management district under any other provision of this subchapter, a district may be created by interlocal agreement of the local governments in any county with a population of at least ninety thousand (90,000) persons and in which there is a permitted landfill on January 1, 1991. The regional solid waste management board of the district shall be established by interlocal agreement.

(2) The creation of the district shall be effective upon the Director of the Division of Environmental Quality's receipt of written notice in the form of a joint resolution by the local governments.

(b) The creation of a district shall be effective upon the governing body of the authority notifying the director in writing. The governing body of a district created under this subsection shall be determined by the authority creating the district. The provisions of § 8-6-703 or any other section of this subchapter which provides for the method of selection of the governing body of a district shall not apply to districts formed under this subsection.

(c) The Arkansas Pollution Control and Ecology Commission shall have no authority to add to or otherwise change the boundaries of a district created under this section.

Amended by Act 2019, No. 910,§ 2658, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2657, eff. 7/1/2019.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-6-2019 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2019
Agriculture exemption
Status: in_force

(a) Except as provided under subsection (b) of this section, this subchapter does not apply to: (1) The disposal of solid waste if the disposal: (A) Results from operations of farms, grain elevators, cotton gins, and similar industries; (B) Is at a place where agricultural gleanings and crop residue that result from operations of farms, grain elevators, cotton gins, and similar industries are being land applied in accordance with current management practices of the industries or the agricultural community; and (C) Has been authorized and consented to by the landowner; or (2) A landowner who disposes of solid waste on the property where the solid waste results from agricultural or farming operations or household operations. (b) The exemptions under subsection (a) of this section do not apply to a disposal of solid waste if the disposal: (1) Creates: (A) An illegal dump site; (B) A public or private nuisance; or (C) A fire, health, or safety hazard to the public; or (2) Involves the open dumping of garbage. Amended by Act 2021, No. 749,§ 14, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) Except as provided under subsection (b) of this section, this subchapter does not apply to: (1) The disposal of solid waste if the disposal: (A) Results from operations of farms, grain elevators, cotton gins, and similar industries; (B) Is at a place where agricultural gleanings and crop residue that result from operations of farms, grain elevators, cotton gins, and similar industries are being land applied in accordance with current management practices of the industries or the agricultural community; and (C) Has been authorized and consented to by the landowner; or (2) A landowner who disposes of solid waste on the property where the solid waste results from agricultural or farming operations or household operations.

(1) The disposal of solid waste if the disposal: (A) Results from operations of farms, grain elevators, cotton gins, and similar industries; (B) Is at a place where agricultural gleanings and crop residue that result from operations of farms, grain elevators, cotton gins, and similar industries are being land applied in accordance with current management practices of the industries or the agricultural community; and (C) Has been authorized and consented to by the landowner; or

(A) Results from operations of farms, grain elevators, cotton gins, and similar industries;

(B) Is at a place where agricultural gleanings and crop residue that result from operations of farms, grain elevators, cotton gins, and similar industries are being land applied in accordance with current management practices of the industries or the agricultural community; and

(C) Has been authorized and consented to by the landowner; or

(2) A landowner who disposes of solid waste on the property where the solid waste results from agricultural or farming operations or household operations.

(b) The exemptions under subsection (a) of this section do not apply to a disposal of solid waste if the disposal: (1) Creates: (A) An illegal dump site; (B) A public or private nuisance; or (C) A fire, health, or safety hazard to the public; or (2) Involves the open dumping of garbage.

(1) Creates: (A) An illegal dump site; (B) A public or private nuisance; or (C) A fire, health, or safety hazard to the public; or

(A) An illegal dump site;

(B) A public or private nuisance; or

(C) A fire, health, or safety hazard to the public; or

(2) Involves the open dumping of garbage.

Amended by Act 2021, No. 749,§ 14, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.