Ark. Code Ann. § 8-4-314 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-314
Compliance Advisory Panel - Small Business Stationary Source Technical and Environmental Compliance Assistance Program - Marketing Recyclables Program
Status: in_force

(a) There is created a Compliance Advisory Panel composed of nine (9) individuals. (b) The panel shall consist of: (1) Two (2) members appointed by the Governor to represent the general public who are not: (A) Owners or representatives of owners of small business stationary sources; or (B) Owners or representatives of owners of a recycling company or the marketing and recyclable community; (2) Three (3) members selected by the Speaker of the House of Representatives: (A) One (1) member who is an owner or who represents an owner of small business stationary sources; and (B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community; (3) Three (3) members selected by the President Pro Tempore of the Senate: (A) One (1) member who is an owner or who represents an owner of small business stationary sources; and (B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community; and (4) One (1) member selected by the Director of the Division of Environmental Quality who shall serve as a nonvoting member except when his or her vote is needed to break a tie vote. (c) (1) Each member shall serve a term of four (4) years. (2) In the event of a vacancy in the membership of the panel concerning a member selected by the General Assembly or the Governor, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term. (3) In the event of a vacancy in the membership of the panel concerning the member appointed by the director, the director shall appoint a person to fill the vacancy for the remainder of the unexpired term. (d) (1) (A) The panel shall hold at least one (1) regular meeting each calendar year quarter at a time and place determined by the panel. (B) At least one (1) meeting each calendar year shall be dedicated to small business stationary sources, with an emphasis on air quality issues. (2) Special meetings may be called at the discretion of the chair. (e) (1) The panel shall select a chair by a majority vote of the membership. (2) Each chair shall serve a term of one (1) year. (f) Five (5) members of the panel shall constitute a quorum to transact business. (g) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq. (h) (1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official who made the appointment. (2) The new appointee shall serve for the remainder of the unexpired term. (i) The panel shall perform the following duties for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program: (1) Render advisory opinions concerning the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, difficulties encountered, and degree and severity of enforcement; (2) Make periodic reports to the Administrator of the United States Environmental Protection Agency concerning the compliance of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act of 1980, the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., and the Equal Access to Justice Act, 5 U.S.C. § 504 , 28 U.S.C. § 2412 , and 42 U.S.C. § 1988 ; (3) Review information for small business stationary sources to assure such information is understandable by the layperson; and (4) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions. (j) The panel shall perform the following duties for the Marketing Recyclables Program: (1) Develop a program for the coordination of all existing marketing programs for recyclables; (2) Work with existing industry to encourage the use of recyclables in their manufacturing processes; (3) Recruit new industries that use recyclables in their manufacturing processes; (4) Maintain current information on market prices and trends; and (5) Advise and assist state and local officials in all areas of recyclables marketing, including without limitation the implementation, administration, and funding of the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402 . Amended by Act 2019, No. 177,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2540, eff. 7/1/2019. Amended by Act 2017, No. 1067,§ 1, eff. 8/1/2017. Acts 1993, No. 242, § 2; 1993, No. 251, § 2; 1997, No. 250, § 45; 1999, No. 1164, §§ 32, 33; 2001, No. 1288, § 2.

(a) There is created a Compliance Advisory Panel composed of nine (9) individuals.

(b) The panel shall consist of: (1) Two (2) members appointed by the Governor to represent the general public who are not: (A) Owners or representatives of owners of small business stationary sources; or (B) Owners or representatives of owners of a recycling company or the marketing and recyclable community; (2) Three (3) members selected by the Speaker of the House of Representatives: (A) One (1) member who is an owner or who represents an owner of small business stationary sources; and (B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community; (3) Three (3) members selected by the President Pro Tempore of the Senate: (A) One (1) member who is an owner or who represents an owner of small business stationary sources; and (B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community; and (4) One (1) member selected by the Director of the Division of Environmental Quality who shall serve as a nonvoting member except when his or her vote is needed to break a tie vote.

(1) Two (2) members appointed by the Governor to represent the general public who are not: (A) Owners or representatives of owners of small business stationary sources; or (B) Owners or representatives of owners of a recycling company or the marketing and recyclable community;

(A) Owners or representatives of owners of small business stationary sources; or

(B) Owners or representatives of owners of a recycling company or the marketing and recyclable community;

(2) Three (3) members selected by the Speaker of the House of Representatives: (A) One (1) member who is an owner or who represents an owner of small business stationary sources; and (B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community;

(A) One (1) member who is an owner or who represents an owner of small business stationary sources; and

(B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community;

(3) Three (3) members selected by the President Pro Tempore of the Senate: (A) One (1) member who is an owner or who represents an owner of small business stationary sources; and (B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community; and

(A) One (1) member who is an owner or who represents an owner of small business stationary sources; and

(B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community; and

(4) One (1) member selected by the Director of the Division of Environmental Quality who shall serve as a nonvoting member except when his or her vote is needed to break a tie vote.

(c) (1) Each member shall serve a term of four (4) years. (2) In the event of a vacancy in the membership of the panel concerning a member selected by the General Assembly or the Governor, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term. (3) In the event of a vacancy in the membership of the panel concerning the member appointed by the director, the director shall appoint a person to fill the vacancy for the remainder of the unexpired term.

(1) Each member shall serve a term of four (4) years.

(2) In the event of a vacancy in the membership of the panel concerning a member selected by the General Assembly or the Governor, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term.

(3) In the event of a vacancy in the membership of the panel concerning the member appointed by the director, the director shall appoint a person to fill the vacancy for the remainder of the unexpired term.

(d) (1) (A) The panel shall hold at least one (1) regular meeting each calendar year quarter at a time and place determined by the panel. (B) At least one (1) meeting each calendar year shall be dedicated to small business stationary sources, with an emphasis on air quality issues. (2) Special meetings may be called at the discretion of the chair.

(1) (A) The panel shall hold at least one (1) regular meeting each calendar year quarter at a time and place determined by the panel. (B) At least one (1) meeting each calendar year shall be dedicated to small business stationary sources, with an emphasis on air quality issues.

(A) The panel shall hold at least one (1) regular meeting each calendar year quarter at a time and place determined by the panel.

(B) At least one (1) meeting each calendar year shall be dedicated to small business stationary sources, with an emphasis on air quality issues.

(2) Special meetings may be called at the discretion of the chair.

(e) (1) The panel shall select a chair by a majority vote of the membership. (2) Each chair shall serve a term of one (1) year.

(1) The panel shall select a chair by a majority vote of the membership.

(2) Each chair shall serve a term of one (1) year.

(f) Five (5) members of the panel shall constitute a quorum to transact business.

(g) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq.

(h) (1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official who made the appointment. (2) The new appointee shall serve for the remainder of the unexpired term.

(1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official who made the appointment.

(2) The new appointee shall serve for the remainder of the unexpired term.

(i) The panel shall perform the following duties for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program: (1) Render advisory opinions concerning the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, difficulties encountered, and degree and severity of enforcement; (2) Make periodic reports to the Administrator of the United States Environmental Protection Agency concerning the compliance of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act of 1980, the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., and the Equal Access to Justice Act, 5 U.S.C. § 504 , 28 U.S.C. § 2412 , and 42 U.S.C. § 1988 ; (3) Review information for small business stationary sources to assure such information is understandable by the layperson; and (4) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions.

(1) Render advisory opinions concerning the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, difficulties encountered, and degree and severity of enforcement;

(2) Make periodic reports to the Administrator of the United States Environmental Protection Agency concerning the compliance of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act of 1980, the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., and the Equal Access to Justice Act, 5 U.S.C. § 504 , 28 U.S.C. § 2412 , and 42 U.S.C. § 1988 ;

(3) Review information for small business stationary sources to assure such information is understandable by the layperson; and

(4) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions.

(j) The panel shall perform the following duties for the Marketing Recyclables Program: (1) Develop a program for the coordination of all existing marketing programs for recyclables; (2) Work with existing industry to encourage the use of recyclables in their manufacturing processes; (3) Recruit new industries that use recyclables in their manufacturing processes; (4) Maintain current information on market prices and trends; and (5) Advise and assist state and local officials in all areas of recyclables marketing, including without limitation the implementation, administration, and funding of the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402 .

(1) Develop a program for the coordination of all existing marketing programs for recyclables;

(2) Work with existing industry to encourage the use of recyclables in their manufacturing processes;

(3) Recruit new industries that use recyclables in their manufacturing processes;

(4) Maintain current information on market prices and trends; and

(5) Advise and assist state and local officials in all areas of recyclables marketing, including without limitation the implementation, administration, and funding of the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402 .

Amended by Act 2019, No. 177,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2540, eff. 7/1/2019.

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

Acts 1993, No. 242, § 2; 1993, No. 251, § 2; 1997, No. 250, § 45; 1999, No. 1164, §§ 32, 33; 2001, No. 1288, § 2.
Ark. Code Ann. § 8-6-1703 — AR Code / Title 8 / Chapter 6 / Subchapter 17 / Section 8-6-1703
Restrictions on open burning of yard waste
Status: in_force

(a) The open burning of yard waste is discouraged. Enforcement shall be through informal educational efforts, unless such efforts are proven to be manifestly ineffective in preventing specific instances of open burning. (b) No citation or civil fine shall be issued or levied against the owner of a private residence for the open burning of brush or yard waste unless such open burning constitutes: (1) A persistent or recurring offense to surrounding landowners, as determined by complaints to state or local officials; (2) A fire hazard to surrounding property, as determined by appropriate local officials; or (3) A safety hazard causing obscured vision on public roads or highways. (c) (1) No citation or civil fine shall be issued or levied pursuant to the exception of subdivision (b)(1) of this section unless first preceded by a warning order or other appropriate notification delivered to the alleged violator by certified mail, restricted delivery, or other appropriate mechanism of legal service, indicating that a local or state agency has received a complaint concerning open burning activities. Such order or notification need not reveal the identity of the complainants. This order or notification shall advise the alleged violator of alternatives to open burning of yard waste. (2) As used in subdivision (b)(1) of this section, "persistent or recurring" burning includes activities that are seasonal or annual. Each day of any event of open burning that continues following executed service of a warning order or notification may justify a citation or civil fine unless the alleged violator takes reasonably diligent measures to extinguish or control the fire. (d) Nothing in this subchapter shall be construed as impairing the authority of local fire control officials to abate fire hazards through whatever regulatory mechanisms deemed necessary and appropriate. (e) Nothing in this subchapter shall be construed as impairing the authority of the Division of Environmental Quality to abate reasonably likely exceedances of National Ambient Air Quality Standards. Amended by Act 2019, No. 910,§ 2701, eff. 7/1/2019. Acts 1997, No. 1151, § 3; 1999, No. 1164, § 87.

(a) The open burning of yard waste is discouraged. Enforcement shall be through informal educational efforts, unless such efforts are proven to be manifestly ineffective in preventing specific instances of open burning.

(b) No citation or civil fine shall be issued or levied against the owner of a private residence for the open burning of brush or yard waste unless such open burning constitutes: (1) A persistent or recurring offense to surrounding landowners, as determined by complaints to state or local officials; (2) A fire hazard to surrounding property, as determined by appropriate local officials; or (3) A safety hazard causing obscured vision on public roads or highways.

(1) A persistent or recurring offense to surrounding landowners, as determined by complaints to state or local officials;

(2) A fire hazard to surrounding property, as determined by appropriate local officials; or

(3) A safety hazard causing obscured vision on public roads or highways.

(c) (1) No citation or civil fine shall be issued or levied pursuant to the exception of subdivision (b)(1) of this section unless first preceded by a warning order or other appropriate notification delivered to the alleged violator by certified mail, restricted delivery, or other appropriate mechanism of legal service, indicating that a local or state agency has received a complaint concerning open burning activities. Such order or notification need not reveal the identity of the complainants. This order or notification shall advise the alleged violator of alternatives to open burning of yard waste. (2) As used in subdivision (b)(1) of this section, "persistent or recurring" burning includes activities that are seasonal or annual. Each day of any event of open burning that continues following executed service of a warning order or notification may justify a citation or civil fine unless the alleged violator takes reasonably diligent measures to extinguish or control the fire.

(1) No citation or civil fine shall be issued or levied pursuant to the exception of subdivision (b)(1) of this section unless first preceded by a warning order or other appropriate notification delivered to the alleged violator by certified mail, restricted delivery, or other appropriate mechanism of legal service, indicating that a local or state agency has received a complaint concerning open burning activities. Such order or notification need not reveal the identity of the complainants. This order or notification shall advise the alleged violator of alternatives to open burning of yard waste.

(2) As used in subdivision (b)(1) of this section, "persistent or recurring" burning includes activities that are seasonal or annual. Each day of any event of open burning that continues following executed service of a warning order or notification may justify a citation or civil fine unless the alleged violator takes reasonably diligent measures to extinguish or control the fire.

(d) Nothing in this subchapter shall be construed as impairing the authority of local fire control officials to abate fire hazards through whatever regulatory mechanisms deemed necessary and appropriate.

(e) Nothing in this subchapter shall be construed as impairing the authority of the Division of Environmental Quality to abate reasonably likely exceedances of National Ambient Air Quality Standards.

Amended by Act 2019, No. 910,§ 2701, eff. 7/1/2019.

Acts 1997, No. 1151, § 3; 1999, No. 1164, § 87.
Ark. Code Ann. § 8-9-702 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-702
[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. § 8-4-227 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-227
Appeal - Review by circuit court
Status: in_force

(a) The appeal shall be heard and determined by the circuit court upon the issues raised by the notice of appeal and response according to the rules relating to the trial of civil actions, so far as applicable. (b) If, before the date set for the hearing, application is made to the circuit court for leave to present additional evidence and the circuit court finds that the evidence is material and that there were good reasons for failure to present it in the proceeding before the Arkansas Pollution Control and Ecology Commission, then the circuit court may order that the additional evidence be taken before the commission upon such conditions as may be just. The commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing circuit court. (c) (1) (A) The review shall be conducted by the circuit court without a jury and shall be confined to the record. (B) However, in cases of alleged irregularities in procedure before the commission that are not shown in the record, testimony may be taken before the circuit court. (2) The circuit court shall, upon request, hear oral argument and receive written briefs. (d) The circuit court may affirm the decision of the commission or vacate or suspend the decision, in whole or part, and remand the case to the commission for further action in conformity with the decision of the circuit court if the action of the commission is: (1) In violation of constitutional or statutory provisions; (2) In excess of the commission's statutory authority; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Not supported by substantial evidence of record; or (6) Arbitrary, capricious, or characterized by abuse of discretion. Amended by Act 2013, No. 1021,§ 7, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 5; 1985, No. 284, § 1; A.S.A. 1947, § 82-1906; Acts 1995, No. 895, § 3; 1997, No. 896, § 3; 1997, No. 1219, § 5.

(a) The appeal shall be heard and determined by the circuit court upon the issues raised by the notice of appeal and response according to the rules relating to the trial of civil actions, so far as applicable.

(b) If, before the date set for the hearing, application is made to the circuit court for leave to present additional evidence and the circuit court finds that the evidence is material and that there were good reasons for failure to present it in the proceeding before the Arkansas Pollution Control and Ecology Commission, then the circuit court may order that the additional evidence be taken before the commission upon such conditions as may be just. The commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing circuit court.

(c) (1) (A) The review shall be conducted by the circuit court without a jury and shall be confined to the record. (B) However, in cases of alleged irregularities in procedure before the commission that are not shown in the record, testimony may be taken before the circuit court. (2) The circuit court shall, upon request, hear oral argument and receive written briefs.

(1) (A) The review shall be conducted by the circuit court without a jury and shall be confined to the record. (B) However, in cases of alleged irregularities in procedure before the commission that are not shown in the record, testimony may be taken before the circuit court.

(A) The review shall be conducted by the circuit court without a jury and shall be confined to the record.

(B) However, in cases of alleged irregularities in procedure before the commission that are not shown in the record, testimony may be taken before the circuit court.

(2) The circuit court shall, upon request, hear oral argument and receive written briefs.

(d) The circuit court may affirm the decision of the commission or vacate or suspend the decision, in whole or part, and remand the case to the commission for further action in conformity with the decision of the circuit court if the action of the commission is: (1) In violation of constitutional or statutory provisions; (2) In excess of the commission's statutory authority; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Not supported by substantial evidence of record; or (6) Arbitrary, capricious, or characterized by abuse of discretion.

(1) In violation of constitutional or statutory provisions;

(2) In excess of the commission's statutory authority;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Not supported by substantial evidence of record; or

(6) Arbitrary, capricious, or characterized by abuse of discretion.

Amended by Act 2013, No. 1021,§ 7, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 5; 1985, No. 284, § 1; A.S.A. 1947, § 82-1906; Acts 1995, No. 895, § 3; 1997, No. 896, § 3; 1997, No. 1219, § 5.
Ark. Code Ann. § 8-6-203 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-203
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Advanced plastic recycling" means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, and other products, as well as mechanical recycling and not used as a substitute for energy production, including without limitation the following: (i) Monomers; (ii) Oligomers; (iii) Plastics; (iv) Plastics and chemical feedstocks; (v) Basic and unfinished chemicals; (vi) Naphtha; (vii) Waxes; (viii) Lubricants; (ix) Coatings; and (x) Other basic hydrocarbons. (B) "Advanced plastic recycling" includes the use of the following processes: (i) Pyrolysis; (ii) Gasification; (iii) Depolymerization; (iv) Catalytic cracking; (v) Reforming; (vi) Hydrogenation; (vii) Solvolysis; (viii) Mechanical recycling; and (ix) Other similar technologies. (C) "Advanced plastic recycling" does not include the conversion of post-use polymers and recovered feedstocks into fuel or fuel substitutes for use in energy production; (2) "Advanced recycling facility" means a manufacturing facility that receives, stores, and converts the post-use polymers and recovered feedstocks that the facility receives using advanced plastic recycling and that is subject to applicable manufacturing regulations for air, water, waste, and land use; (3) "Depolymerization" means a manufacturing process in which post-use polymers are broken into smaller molecules, including without limitation monomers and oligomers or raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings, and other basic hydrocarbons; (4) "Disposal site" means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting, or any other method; (5) "Gasification" means a manufacturing process through which recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen-deficient atmosphere, and the mixture is converted into valuable raw materials and intermediate and final products, including without limitation plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, and home heating oil and other fuels, including without limitation ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products, or fuels; (6) (A) "Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may in the judgment of the Division of Environmental Quality: (i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, or disposed of, or otherwise improperly managed. (B) "Hazardous waste" includes without limitation waste that: (i) Is radioactive; (ii) Is toxic; (iii) Is corrosive; (iv) Is flammable; (v) Is an irritant or a strong sensitizer; or (vi) Generates pressure through decomposition, heat, or other means; (7) "Household" means a single or multiple residence, hotel or motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, and day-use recreation area; (8) (A) "Household hazardous waste" means any hazardous waste derived from a household that is no longer under the control of the household. (B) "Household hazardous waste" includes without limitation: (i) Household cleaners; (ii) Gasoline; (iii) Paint, paint strippers, and paint thinners; (iv) Motor oil; and (v) Herbicides and pesticides, excluding antimicrobial and disinfectant products; (9) (A) "Household hazardous waste storage or processing center" means a facility that stores, accumulates, or processes household hazardous waste. (B) "Household hazardous waste storage or processing center" does not include: (i) Hazardous waste treatment, storage, and disposal facilities permitted by the division under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; (ii) Facilities with an agriculture exemption under § 8-6-2019 ; or (iii) De minimis amounts of household hazardous waste that have not been removed from the municipal solid waste stream; (10) (A) "Mechanical recycling" means the series of activities by which discarded materials are collected, sorted, processed, and converted into raw materials and used in the production of new products. (B) "Mechanical recycling" does not include the use of discarded materials: (i) As a fuel; or (ii) For energy production; (11) (A) "Mill scale and slag" means byproducts that are a result of the steel manufacturing process that are managed as items of value in a controlled manner and used in a manner of beneficial reuse. (B) "Mill scale and slag" does not include byproducts that are a result of the steel manufacturing process that would otherwise qualify as hazardous waste or that are determined to be discarded materials; (12) "Municipality" means a city of the first class, a city of the second class, or an incorporated town; (13) "Person" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town, municipal authority or trust, venture, or other legal entity, however organized; (14) (A) "Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or for use as a plant regulator, defoliant, or desiccant. (B) "Pesticide" does not include: (i) A new animal drug as defined in 21 U.S.C. § 321(v) ; (ii) An animal drug that has been determined by regulation of the Secretary of the United States Department of Health and Human Services not to be a new animal drug; or (iii) An animal feed as defined in 21 U.S.C. § 321(w) ; (15) (A) "Post-use polymer" means a plastic that is managed as an item of value in a controlled manner and used in advanced plastic recycling and is: (i) Derived from industrial, commercial, agricultural, or domestic activities; (ii) Not mixed with solid waste or hazardous waste on-site or during processing; (iii) Used or intended to be used as a feedstock for the manufacturing of crude oil, fuels, feedstocks, blendstocks, raw materials, or other intermediate products or final products; and (iv) Sorted from solid waste and other regulated waste prior to use that may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings. (B) "Post-use polymer" does not mean materials that: (i) Would otherwise qualify as hazardous waste; or (ii) Are determined to be discarded materials; (16) "Pyrolysis" means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted into valuable raw materials and intermediate and final products, including without limitation plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline and diesel and gasoline blendstocks, and home heating oil and other fuels, including ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products, or fuels; (17) (A) "Recovered feedstock" means one (1) or more of the following materials that are managed as an item of value in a controlled manner and used in advanced plastic recycling: (i) Post-use polymer; or (ii) Material for which the United States Environmental Protection Agency or the Division of Environmental Quality has made a nonwaste determination pursuant to 40 C.F.R. § 241.3(c) , as it existed on January 1, 2021, or has otherwise determined is feedstock for advanced plastic recycling and not solid waste. (B) "Recovered feedstock" does not mean: (i) Unprocessed municipal solid waste; (ii) Feedstock materials mixed with solid waste or hazardous waste; (iii) Materials that would otherwise qualify as hazardous waste; or (iv) Materials that are determined to be discarded materials; (18) (A) "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. (B) "Solid waste" does not include: (i) Solid or dissolved materials in domestic sewage; (ii) Solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342 ; (iii) Source material, special nuclear material, or byproduct material as defined by the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.; (iv) Mill scale and slag; or (v) Post-use polymers and recovered feedstocks; (19) "Solid waste board" or "board" means a regional solid waste management board or a solid waste service area board, or its successor, created under § 8-6-701 et seq.; (20) "Solid waste management system" means the entire process of source reduction, storage, collection, transportation, processing, waste minimization, recycling, and disposal of solid wastes by any person engaging in the process as a business or by any municipality, authority, trust, county, or by any combination of a municipality, authority, trust, or county; (21) (A) "Solvolysis" means a manufacturing process through which post-use polymers are reacted with the aid of solvents while heated at low temperatures or pressurized to make useful products, including without limitation monomers, intermediates, and valuable raw materials, while allowing additives and contaminants to be separated. (B) "Solvolysis" includes without limitation hydrolysis, aminolysis, ammonoloysis, methanolysis, and glycolysis; and (22) "Transfer station" means a facility that is used to manage the removal, compaction, and transfer of solid waste from collection vehicles and other small vehicles to greater capacity transport vehicles. Amended by Act 2021, No. 1095,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 1095,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 74,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 74,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 1067,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2590, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2589, eff. 7/1/2019. Amended by Act 2013, No. 1127,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 1127,§ 5, eff. 8/16/2013. Acts 1971, No. 237, § 3; A.S.A. 1947, § 82-2703; Acts 1991, No. 751, §§ 1, 2; 1995, No. 547, § 1; 1999, No. 1164, § 61; 2011, No. 1153, § 1.

As used in this subchapter:

(1) (A) "Advanced plastic recycling" means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, and other products, as well as mechanical recycling and not used as a substitute for energy production, including without limitation the following: (i) Monomers; (ii) Oligomers; (iii) Plastics; (iv) Plastics and chemical feedstocks; (v) Basic and unfinished chemicals; (vi) Naphtha; (vii) Waxes; (viii) Lubricants; (ix) Coatings; and (x) Other basic hydrocarbons. (B) "Advanced plastic recycling" includes the use of the following processes: (i) Pyrolysis; (ii) Gasification; (iii) Depolymerization; (iv) Catalytic cracking; (v) Reforming; (vi) Hydrogenation; (vii) Solvolysis; (viii) Mechanical recycling; and (ix) Other similar technologies. (C) "Advanced plastic recycling" does not include the conversion of post-use polymers and recovered feedstocks into fuel or fuel substitutes for use in energy production;

(A) "Advanced plastic recycling" means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, and other products, as well as mechanical recycling and not used as a substitute for energy production, including without limitation the following: (i) Monomers; (ii) Oligomers; (iii) Plastics; (iv) Plastics and chemical feedstocks; (v) Basic and unfinished chemicals; (vi) Naphtha; (vii) Waxes; (viii) Lubricants; (ix) Coatings; and (x) Other basic hydrocarbons.

(i) Monomers;

(ii) Oligomers;

(iii) Plastics;

(iv) Plastics and chemical feedstocks;

(v) Basic and unfinished chemicals;

(vi) Naphtha;

(vii) Waxes;

(viii) Lubricants;

(ix) Coatings; and

(x) Other basic hydrocarbons.

(B) "Advanced plastic recycling" includes the use of the following processes: (i) Pyrolysis; (ii) Gasification; (iii) Depolymerization; (iv) Catalytic cracking; (v) Reforming; (vi) Hydrogenation; (vii) Solvolysis; (viii) Mechanical recycling; and (ix) Other similar technologies.

(i) Pyrolysis;

(ii) Gasification;

(iii) Depolymerization;

(iv) Catalytic cracking;

(v) Reforming;

(vi) Hydrogenation;

(vii) Solvolysis;

(viii) Mechanical recycling; and

(ix) Other similar technologies.

(C) "Advanced plastic recycling" does not include the conversion of post-use polymers and recovered feedstocks into fuel or fuel substitutes for use in energy production;

(2) "Advanced recycling facility" means a manufacturing facility that receives, stores, and converts the post-use polymers and recovered feedstocks that the facility receives using advanced plastic recycling and that is subject to applicable manufacturing regulations for air, water, waste, and land use;

(3) "Depolymerization" means a manufacturing process in which post-use polymers are broken into smaller molecules, including without limitation monomers and oligomers or raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings, and other basic hydrocarbons;

(4) "Disposal site" means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting, or any other method;

(5) "Gasification" means a manufacturing process through which recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen-deficient atmosphere, and the mixture is converted into valuable raw materials and intermediate and final products, including without limitation plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, and home heating oil and other fuels, including without limitation ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products, or fuels;

(6) (A) "Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may in the judgment of the Division of Environmental Quality: (i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, or disposed of, or otherwise improperly managed. (B) "Hazardous waste" includes without limitation waste that: (i) Is radioactive; (ii) Is toxic; (iii) Is corrosive; (iv) Is flammable; (v) Is an irritant or a strong sensitizer; or (vi) Generates pressure through decomposition, heat, or other means;

(A) "Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may in the judgment of the Division of Environmental Quality: (i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, or disposed of, or otherwise improperly managed.

(i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(ii) Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, or disposed of, or otherwise improperly managed.

(B) "Hazardous waste" includes without limitation waste that: (i) Is radioactive; (ii) Is toxic; (iii) Is corrosive; (iv) Is flammable; (v) Is an irritant or a strong sensitizer; or (vi) Generates pressure through decomposition, heat, or other means;

(i) Is radioactive;

(ii) Is toxic;

(iii) Is corrosive;

(iv) Is flammable;

(v) Is an irritant or a strong sensitizer; or

(vi) Generates pressure through decomposition, heat, or other means;

(7) "Household" means a single or multiple residence, hotel or motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, and day-use recreation area;

(8) (A) "Household hazardous waste" means any hazardous waste derived from a household that is no longer under the control of the household. (B) "Household hazardous waste" includes without limitation: (i) Household cleaners; (ii) Gasoline; (iii) Paint, paint strippers, and paint thinners; (iv) Motor oil; and (v) Herbicides and pesticides, excluding antimicrobial and disinfectant products;

(A) "Household hazardous waste" means any hazardous waste derived from a household that is no longer under the control of the household.

(B) "Household hazardous waste" includes without limitation: (i) Household cleaners; (ii) Gasoline; (iii) Paint, paint strippers, and paint thinners; (iv) Motor oil; and (v) Herbicides and pesticides, excluding antimicrobial and disinfectant products;

(i) Household cleaners;

(ii) Gasoline;

(iii) Paint, paint strippers, and paint thinners;

(iv) Motor oil; and

(v) Herbicides and pesticides, excluding antimicrobial and disinfectant products;

(9) (A) "Household hazardous waste storage or processing center" means a facility that stores, accumulates, or processes household hazardous waste. (B) "Household hazardous waste storage or processing center" does not include: (i) Hazardous waste treatment, storage, and disposal facilities permitted by the division under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; (ii) Facilities with an agriculture exemption under § 8-6-2019 ; or (iii) De minimis amounts of household hazardous waste that have not been removed from the municipal solid waste stream;

(A) "Household hazardous waste storage or processing center" means a facility that stores, accumulates, or processes household hazardous waste.

(B) "Household hazardous waste storage or processing center" does not include: (i) Hazardous waste treatment, storage, and disposal facilities permitted by the division under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; (ii) Facilities with an agriculture exemption under § 8-6-2019 ; or (iii) De minimis amounts of household hazardous waste that have not been removed from the municipal solid waste stream;

(i) Hazardous waste treatment, storage, and disposal facilities permitted by the division under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.;

(ii) Facilities with an agriculture exemption under § 8-6-2019 ; or

(iii) De minimis amounts of household hazardous waste that have not been removed from the municipal solid waste stream;

(10) (A) "Mechanical recycling" means the series of activities by which discarded materials are collected, sorted, processed, and converted into raw materials and used in the production of new products. (B) "Mechanical recycling" does not include the use of discarded materials: (i) As a fuel; or (ii) For energy production;

(A) "Mechanical recycling" means the series of activities by which discarded materials are collected, sorted, processed, and converted into raw materials and used in the production of new products.

(B) "Mechanical recycling" does not include the use of discarded materials: (i) As a fuel; or (ii) For energy production;

(i) As a fuel; or

(ii) For energy production;

(11) (A) "Mill scale and slag" means byproducts that are a result of the steel manufacturing process that are managed as items of value in a controlled manner and used in a manner of beneficial reuse. (B) "Mill scale and slag" does not include byproducts that are a result of the steel manufacturing process that would otherwise qualify as hazardous waste or that are determined to be discarded materials;

(A) "Mill scale and slag" means byproducts that are a result of the steel manufacturing process that are managed as items of value in a controlled manner and used in a manner of beneficial reuse.

(B) "Mill scale and slag" does not include byproducts that are a result of the steel manufacturing process that would otherwise qualify as hazardous waste or that are determined to be discarded materials;

(12) "Municipality" means a city of the first class, a city of the second class, or an incorporated town;

(13) "Person" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town, municipal authority or trust, venture, or other legal entity, however organized;

(14) (A) "Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or for use as a plant regulator, defoliant, or desiccant. (B) "Pesticide" does not include: (i) A new animal drug as defined in 21 U.S.C. § 321(v) ; (ii) An animal drug that has been determined by regulation of the Secretary of the United States Department of Health and Human Services not to be a new animal drug; or (iii) An animal feed as defined in 21 U.S.C. § 321(w) ;

(A) "Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or for use as a plant regulator, defoliant, or desiccant.

(B) "Pesticide" does not include: (i) A new animal drug as defined in 21 U.S.C. § 321(v) ; (ii) An animal drug that has been determined by regulation of the Secretary of the United States Department of Health and Human Services not to be a new animal drug; or (iii) An animal feed as defined in 21 U.S.C. § 321(w) ;

(i) A new animal drug as defined in 21 U.S.C. § 321(v) ;

(ii) An animal drug that has been determined by regulation of the Secretary of the United States Department of Health and Human Services not to be a new animal drug; or

(iii) An animal feed as defined in 21 U.S.C. § 321(w) ;

(15) (A) "Post-use polymer" means a plastic that is managed as an item of value in a controlled manner and used in advanced plastic recycling and is: (i) Derived from industrial, commercial, agricultural, or domestic activities; (ii) Not mixed with solid waste or hazardous waste on-site or during processing; (iii) Used or intended to be used as a feedstock for the manufacturing of crude oil, fuels, feedstocks, blendstocks, raw materials, or other intermediate products or final products; and (iv) Sorted from solid waste and other regulated waste prior to use that may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings. (B) "Post-use polymer" does not mean materials that: (i) Would otherwise qualify as hazardous waste; or (ii) Are determined to be discarded materials;

(A) "Post-use polymer" means a plastic that is managed as an item of value in a controlled manner and used in advanced plastic recycling and is: (i) Derived from industrial, commercial, agricultural, or domestic activities; (ii) Not mixed with solid waste or hazardous waste on-site or during processing; (iii) Used or intended to be used as a feedstock for the manufacturing of crude oil, fuels, feedstocks, blendstocks, raw materials, or other intermediate products or final products; and (iv) Sorted from solid waste and other regulated waste prior to use that may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings.

(i) Derived from industrial, commercial, agricultural, or domestic activities;

(ii) Not mixed with solid waste or hazardous waste on-site or during processing;

(iii) Used or intended to be used as a feedstock for the manufacturing of crude oil, fuels, feedstocks, blendstocks, raw materials, or other intermediate products or final products; and

(iv) Sorted from solid waste and other regulated waste prior to use that may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings.

(B) "Post-use polymer" does not mean materials that: (i) Would otherwise qualify as hazardous waste; or (ii) Are determined to be discarded materials;

(i) Would otherwise qualify as hazardous waste; or

(ii) Are determined to be discarded materials;

(16) "Pyrolysis" means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted into valuable raw materials and intermediate and final products, including without limitation plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline and diesel and gasoline blendstocks, and home heating oil and other fuels, including ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products, or fuels;

(17) (A) "Recovered feedstock" means one (1) or more of the following materials that are managed as an item of value in a controlled manner and used in advanced plastic recycling: (i) Post-use polymer; or (ii) Material for which the United States Environmental Protection Agency or the Division of Environmental Quality has made a nonwaste determination pursuant to 40 C.F.R. § 241.3(c) , as it existed on January 1, 2021, or has otherwise determined is feedstock for advanced plastic recycling and not solid waste. (B) "Recovered feedstock" does not mean: (i) Unprocessed municipal solid waste; (ii) Feedstock materials mixed with solid waste or hazardous waste; (iii) Materials that would otherwise qualify as hazardous waste; or (iv) Materials that are determined to be discarded materials;

(A) "Recovered feedstock" means one (1) or more of the following materials that are managed as an item of value in a controlled manner and used in advanced plastic recycling: (i) Post-use polymer; or (ii) Material for which the United States Environmental Protection Agency or the Division of Environmental Quality has made a nonwaste determination pursuant to 40 C.F.R. § 241.3(c) , as it existed on January 1, 2021, or has otherwise determined is feedstock for advanced plastic recycling and not solid waste.

(i) Post-use polymer; or

(ii) Material for which the United States Environmental Protection Agency or the Division of Environmental Quality has made a nonwaste determination pursuant to 40 C.F.R. § 241.3(c) , as it existed on January 1, 2021, or has otherwise determined is feedstock for advanced plastic recycling and not solid waste.

(B) "Recovered feedstock" does not mean: (i) Unprocessed municipal solid waste; (ii) Feedstock materials mixed with solid waste or hazardous waste; (iii) Materials that would otherwise qualify as hazardous waste; or (iv) Materials that are determined to be discarded materials;

(i) Unprocessed municipal solid waste;

(ii) Feedstock materials mixed with solid waste or hazardous waste;

(iii) Materials that would otherwise qualify as hazardous waste; or

(iv) Materials that are determined to be discarded materials;

(18) (A) "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. (B) "Solid waste" does not include: (i) Solid or dissolved materials in domestic sewage; (ii) Solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342 ; (iii) Source material, special nuclear material, or byproduct material as defined by the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.; (iv) Mill scale and slag; or (v) Post-use polymers and recovered feedstocks;

(A) "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.

(B) "Solid waste" does not include: (i) Solid or dissolved materials in domestic sewage; (ii) Solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342 ; (iii) Source material, special nuclear material, or byproduct material as defined by the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.; (iv) Mill scale and slag; or (v) Post-use polymers and recovered feedstocks;

(i) Solid or dissolved materials in domestic sewage;

(ii) Solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342 ;

(iii) Source material, special nuclear material, or byproduct material as defined by the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.;

(iv) Mill scale and slag; or

(v) Post-use polymers and recovered feedstocks;

(19) "Solid waste board" or "board" means a regional solid waste management board or a solid waste service area board, or its successor, created under § 8-6-701 et seq.;

(20) "Solid waste management system" means the entire process of source reduction, storage, collection, transportation, processing, waste minimization, recycling, and disposal of solid wastes by any person engaging in the process as a business or by any municipality, authority, trust, county, or by any combination of a municipality, authority, trust, or county;

(21) (A) "Solvolysis" means a manufacturing process through which post-use polymers are reacted with the aid of solvents while heated at low temperatures or pressurized to make useful products, including without limitation monomers, intermediates, and valuable raw materials, while allowing additives and contaminants to be separated. (B) "Solvolysis" includes without limitation hydrolysis, aminolysis, ammonoloysis, methanolysis, and glycolysis; and

(A) "Solvolysis" means a manufacturing process through which post-use polymers are reacted with the aid of solvents while heated at low temperatures or pressurized to make useful products, including without limitation monomers, intermediates, and valuable raw materials, while allowing additives and contaminants to be separated.

(B) "Solvolysis" includes without limitation hydrolysis, aminolysis, ammonoloysis, methanolysis, and glycolysis; and

(22) "Transfer station" means a facility that is used to manage the removal, compaction, and transfer of solid waste from collection vehicles and other small vehicles to greater capacity transport vehicles.

Amended by Act 2021, No. 1095,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 1095,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 74,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 74,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 1067,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2590, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2589, eff. 7/1/2019.

Amended by Act 2013, No. 1127,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 1127,§ 5, eff. 8/16/2013.

Acts 1971, No. 237, § 3; A.S.A. 1947, § 82-2703; Acts 1991, No. 751, §§ 1, 2; 1995, No. 547, § 1; 1999, No. 1164, § 61; 2011, No. 1153, § 1.
Ark. Code Ann. § 8-7-301 — AR Code / Title 8 / Chapter 7 / Subchapter 3 / Section 8-7-301
Title
Status: in_force

This subchapter may be cited as the "Arkansas Resource Reclamation Act of 1979". Acts 1979, No. 1098, § 1; A.S.A. 1947, § 82-4217.

This subchapter may be cited as the "Arkansas Resource Reclamation Act of 1979".

Acts 1979, No. 1098, § 1; A.S.A. 1947, § 82-4217.
Ark. Code Ann. § 8-7-1407 — AR Code / Title 8 / Chapter 7 / Subchapter 14 / Section 8-7-1407
Penalties
Status: in_force

Any person who pleads guilty or nolo contendere to or is found guilty of violating § 8-7-1405(d)(7)(D) or § 8-7-1405(d)(7)(E) is guilty of a Class B misdemeanor. Acts 2007, No. 864, § 1.

Any person who pleads guilty or nolo contendere to or is found guilty of violating § 8-7-1405(d)(7)(D) or § 8-7-1405(d)(7)(E) is guilty of a Class B misdemeanor.

Acts 2007, No. 864, § 1.
Ark. Code Ann. § 8-10-302 — AR Code / Title 8 / Chapter 10 / Subchapter 3 / Section 8-10-302
Construction of motor vehicle racing facility - Requirement - Definition
Status: in_force

(a) (1) Due to the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility may be constructed in this state after passage of this act without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility. (2) (A) Such consent shall be accomplished by signing petitions that shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town. (B) The petitions shall indicate: (i) The name; (ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and (iii) The date of the signature. (C) (i) The petitions must be verified pursuant to § 7-9-109 . (ii) Signatures shall become invalid sixty (60) days after signing. (iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the Division of Environmental Quality. (b) As used in this section, "motor vehicle racing facility" means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing. Amended by Act 2019, No. 910,§ 3002, eff. 7/1/2019. Acts 1995, No. 1191, § 40; 1997, No. 551, § 2; 1997, No. 1015, § 35; 1999, No. 674, § 1; 2005, No. 1409, § 1.

(a) (1) Due to the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility may be constructed in this state after passage of this act without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility. (2) (A) Such consent shall be accomplished by signing petitions that shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town. (B) The petitions shall indicate: (i) The name; (ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and (iii) The date of the signature. (C) (i) The petitions must be verified pursuant to § 7-9-109 . (ii) Signatures shall become invalid sixty (60) days after signing. (iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the Division of Environmental Quality.

(1) Due to the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility may be constructed in this state after passage of this act without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility.

(2) (A) Such consent shall be accomplished by signing petitions that shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town. (B) The petitions shall indicate: (i) The name; (ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and (iii) The date of the signature. (C) (i) The petitions must be verified pursuant to § 7-9-109 . (ii) Signatures shall become invalid sixty (60) days after signing. (iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the Division of Environmental Quality.

(A) Such consent shall be accomplished by signing petitions that shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town.

(B) The petitions shall indicate: (i) The name; (ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and (iii) The date of the signature.

(i) The name;

(ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and

(iii) The date of the signature.

(C) (i) The petitions must be verified pursuant to § 7-9-109 . (ii) Signatures shall become invalid sixty (60) days after signing. (iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the Division of Environmental Quality.

(i) The petitions must be verified pursuant to § 7-9-109 .

(ii) Signatures shall become invalid sixty (60) days after signing.

(iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the Division of Environmental Quality.

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

Amended by Act 2019, No. 910,§ 3002, eff. 7/1/2019.

Acts 1995, No. 1191, § 40; 1997, No. 551, § 2; 1997, No. 1015, § 35; 1999, No. 674, § 1; 2005, No. 1409, § 1.
Ark. Code Ann. § 8-7-209 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-209
Powers and duties of the division and commission generally
Status: in_force

(a) The Division of Environmental Quality shall have the following powers and duties: (1) To administer and enforce all laws and rules regarding hazardous waste management; (2) To conduct and publish such studies of hazardous waste management in this state as shall be deemed appropriate, including, but not limited to: (A) A description of the sources of hazardous waste generated within the state; (B) Information regarding the types and quantities of such hazardous waste; and (C) A description of current hazardous waste management practices and costs including treatment, recovery, and disposal; (3) To develop, publish, and implement plans in accordance with the provisions of this subchapter for the safe and effective management of hazardous waste within this state, including, but not limited to: (A) The establishment of criteria for the identification of those locations within the state which are suitable for establishment of hazardous waste treatment or disposal facilities or sites; and (B) Those locations which are not suitable for such purposes; (4) To establish criteria for determination of whether any waste or combination of wastes is hazardous for purposes of this subchapter and to identify and specify wastes or combination of wastes as being hazardous; (5) To issue, continue in effect, revoke, modify, or deny, under such conditions as it may prescribe, permits for the establishment, construction, operation, or maintenance of hazardous waste treatment, storage, or disposal facilities or sites, as more particularly prescribed by §§ 8-7-215 - 8-7-222 ; (6) To make such investigations and inspections and to hold such hearings, after notice, as the division may deem necessary or advisable for the discharge of the division's duties under this subchapter and to ensure compliance with this subchapter and any orders and rules issued pursuant thereto; (7) To make, issue, modify, revoke, and enforce orders, after notice and hearing, prohibiting violation of any of the provisions of this subchapter or of any rules issued pursuant thereto or any permit issued thereunder, and requiring the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter; (8) (A) To institute proceedings in the name of the division in any court of competent jurisdiction to compel compliance with and to restrain any violation of the provisions of this subchapter or any rules and orders issued pursuant thereto or any permit issued thereunder, and require the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter. (B) In any civil action in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the requested relief not be granted, nor that the remedy at law is inadequate; (9) To initiate, conduct, and support research, demonstration projects, and investigations, and coordinate all state agency research programs pertaining to hazardous waste management, and establish technical advisory committees to assist in the development of procedures, standards, criteria, and rules, the members of which may be reimbursed for travel expenses in accordance with § 25-16-901 et seq.; (10) To establish policies and standards for effective hazardous waste management; (11) To establish standards and procedures for the certification of personnel to operate hazardous waste treatment or disposal facilities or any commercial hazardous waste management facilities; and (12) In addition to the powers enumerated in subdivisions (a)(1)-(11) of this section, the division shall have and may use in the administration and enforcement of this subchapter all of the powers which the division has under other laws administered by the division, including the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (b) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties: (1) To adopt, after notice and public hearing, and to promulgate, modify, repeal, and enforce rules regarding hazardous waste management as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter and the powers and duties of the division under this subchapter, including, but not limited to, rules for: (A) The containerization and labeling of hazardous waste, which rules, to the extent practicable, shall be consistent with those issued by the United States Department of Transportation, the United States Environmental Protection Agency, the State Highway Commission, and the Arkansas Department of Transportation; (B) Establishing standards and procedures for the safe operation and maintenance of facilities; (C) Identifying those wastes or combination of wastes which are incompatible and which may not be stored or disposed of together and procedures for preventing the storage, disposal, recovery, or treatment of incompatible wastes together; (D) The reporting of hazardous waste management activities; (E) Establishing standards and procedures for the certification of supervisory personnel at hazardous waste treatment or disposal facilities or sites as required under § 8-7-219(3) ; and (F) Establishing a manifest system for the transport of hazardous waste and prohibiting the receipt of hazardous waste at storage, processing, recovery, disposal, or transport facilities or sites without a properly completed manifest; (2) (A) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the Arkansas Pollution Control and Ecology Commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (B) The Arkansas Pollution Control and Ecology Commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(2)(A) of this section. (C) The extent of the analysis required under subdivision (b)(2)(A) of this section shall be defined in the Arkansas Pollution Control and Ecology Commission's rulemaking required under subdivision (b)(1) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period. (D) Upon completion of the public comment period, the Arkansas Pollution Control and Ecology Commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule; (3) Promulgation of rules and procedures not otherwise governed by applicable law which the Arkansas Pollution Control and Ecology Commission deems necessary to secure public participation in environmental decision-making processes; (4) Promulgation of rules governing administrative procedures for challenging or contesting division actions; (5) In the case of permitting or grants decisions, providing the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (6) In the case of an administrative enforcement or emergency action, providing the right to contest any such action initiated by the director; (7) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state; (8) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor; and (9) Upon a majority vote, initiate review of any director's decision. Amended by Act 2019, No. 315,§ 611, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 610, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 609, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 608, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 607, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 606, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 18, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2725, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2724, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2723, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2722, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2721, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2720, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2719, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 9, eff. 8/1/2017. Acts 1979, No. 406, § 4; A.S.A. 1947, § 82-4204; Acts 1989, No. 643, § 4; 1997, No. 250, § 48; 1997, No. 1055, § 2; 1997, No. 1219, § 9.

(a) The Division of Environmental Quality shall have the following powers and duties: (1) To administer and enforce all laws and rules regarding hazardous waste management; (2) To conduct and publish such studies of hazardous waste management in this state as shall be deemed appropriate, including, but not limited to: (A) A description of the sources of hazardous waste generated within the state; (B) Information regarding the types and quantities of such hazardous waste; and (C) A description of current hazardous waste management practices and costs including treatment, recovery, and disposal; (3) To develop, publish, and implement plans in accordance with the provisions of this subchapter for the safe and effective management of hazardous waste within this state, including, but not limited to: (A) The establishment of criteria for the identification of those locations within the state which are suitable for establishment of hazardous waste treatment or disposal facilities or sites; and (B) Those locations which are not suitable for such purposes; (4) To establish criteria for determination of whether any waste or combination of wastes is hazardous for purposes of this subchapter and to identify and specify wastes or combination of wastes as being hazardous; (5) To issue, continue in effect, revoke, modify, or deny, under such conditions as it may prescribe, permits for the establishment, construction, operation, or maintenance of hazardous waste treatment, storage, or disposal facilities or sites, as more particularly prescribed by §§ 8-7-215 - 8-7-222 ; (6) To make such investigations and inspections and to hold such hearings, after notice, as the division may deem necessary or advisable for the discharge of the division's duties under this subchapter and to ensure compliance with this subchapter and any orders and rules issued pursuant thereto; (7) To make, issue, modify, revoke, and enforce orders, after notice and hearing, prohibiting violation of any of the provisions of this subchapter or of any rules issued pursuant thereto or any permit issued thereunder, and requiring the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter; (8) (A) To institute proceedings in the name of the division in any court of competent jurisdiction to compel compliance with and to restrain any violation of the provisions of this subchapter or any rules and orders issued pursuant thereto or any permit issued thereunder, and require the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter. (B) In any civil action in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the requested relief not be granted, nor that the remedy at law is inadequate; (9) To initiate, conduct, and support research, demonstration projects, and investigations, and coordinate all state agency research programs pertaining to hazardous waste management, and establish technical advisory committees to assist in the development of procedures, standards, criteria, and rules, the members of which may be reimbursed for travel expenses in accordance with § 25-16-901 et seq.; (10) To establish policies and standards for effective hazardous waste management; (11) To establish standards and procedures for the certification of personnel to operate hazardous waste treatment or disposal facilities or any commercial hazardous waste management facilities; and (12) In addition to the powers enumerated in subdivisions (a)(1)-(11) of this section, the division shall have and may use in the administration and enforcement of this subchapter all of the powers which the division has under other laws administered by the division, including the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the Arkansas Solid Waste Management Act, § 8-6-201 et seq.

(1) To administer and enforce all laws and rules regarding hazardous waste management;

(2) To conduct and publish such studies of hazardous waste management in this state as shall be deemed appropriate, including, but not limited to: (A) A description of the sources of hazardous waste generated within the state; (B) Information regarding the types and quantities of such hazardous waste; and (C) A description of current hazardous waste management practices and costs including treatment, recovery, and disposal;

(A) A description of the sources of hazardous waste generated within the state;

(B) Information regarding the types and quantities of such hazardous waste; and

(C) A description of current hazardous waste management practices and costs including treatment, recovery, and disposal;

(3) To develop, publish, and implement plans in accordance with the provisions of this subchapter for the safe and effective management of hazardous waste within this state, including, but not limited to: (A) The establishment of criteria for the identification of those locations within the state which are suitable for establishment of hazardous waste treatment or disposal facilities or sites; and (B) Those locations which are not suitable for such purposes;

(A) The establishment of criteria for the identification of those locations within the state which are suitable for establishment of hazardous waste treatment or disposal facilities or sites; and

(B) Those locations which are not suitable for such purposes;

(4) To establish criteria for determination of whether any waste or combination of wastes is hazardous for purposes of this subchapter and to identify and specify wastes or combination of wastes as being hazardous;

(5) To issue, continue in effect, revoke, modify, or deny, under such conditions as it may prescribe, permits for the establishment, construction, operation, or maintenance of hazardous waste treatment, storage, or disposal facilities or sites, as more particularly prescribed by §§ 8-7-215 - 8-7-222 ;

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

(7) To make, issue, modify, revoke, and enforce orders, after notice and hearing, prohibiting violation of any of the provisions of this subchapter or of any rules issued pursuant thereto or any permit issued thereunder, and requiring the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter;

(8) (A) To institute proceedings in the name of the division in any court of competent jurisdiction to compel compliance with and to restrain any violation of the provisions of this subchapter or any rules and orders issued pursuant thereto or any permit issued thereunder, and require the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter. (B) In any civil action in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the requested relief not be granted, nor that the remedy at law is inadequate;

(A) To institute proceedings in the name of the division in any court of competent jurisdiction to compel compliance with and to restrain any violation of the provisions of this subchapter or any rules and orders issued pursuant thereto or any permit issued thereunder, and require the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter.

(B) In any civil action in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the requested relief not be granted, nor that the remedy at law is inadequate;

(9) To initiate, conduct, and support research, demonstration projects, and investigations, and coordinate all state agency research programs pertaining to hazardous waste management, and establish technical advisory committees to assist in the development of procedures, standards, criteria, and rules, the members of which may be reimbursed for travel expenses in accordance with § 25-16-901 et seq.;

(10) To establish policies and standards for effective hazardous waste management;

(11) To establish standards and procedures for the certification of personnel to operate hazardous waste treatment or disposal facilities or any commercial hazardous waste management facilities; and

(12) In addition to the powers enumerated in subdivisions (a)(1)-(11) of this section, the division shall have and may use in the administration and enforcement of this subchapter all of the powers which the division has under other laws administered by the division, including the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the Arkansas Solid Waste Management Act, § 8-6-201 et seq.

(b) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties: (1) To adopt, after notice and public hearing, and to promulgate, modify, repeal, and enforce rules regarding hazardous waste management as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter and the powers and duties of the division under this subchapter, including, but not limited to, rules for: (A) The containerization and labeling of hazardous waste, which rules, to the extent practicable, shall be consistent with those issued by the United States Department of Transportation, the United States Environmental Protection Agency, the State Highway Commission, and the Arkansas Department of Transportation; (B) Establishing standards and procedures for the safe operation and maintenance of facilities; (C) Identifying those wastes or combination of wastes which are incompatible and which may not be stored or disposed of together and procedures for preventing the storage, disposal, recovery, or treatment of incompatible wastes together; (D) The reporting of hazardous waste management activities; (E) Establishing standards and procedures for the certification of supervisory personnel at hazardous waste treatment or disposal facilities or sites as required under § 8-7-219(3) ; and (F) Establishing a manifest system for the transport of hazardous waste and prohibiting the receipt of hazardous waste at storage, processing, recovery, disposal, or transport facilities or sites without a properly completed manifest; (2) (A) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the Arkansas Pollution Control and Ecology Commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (B) The Arkansas Pollution Control and Ecology Commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(2)(A) of this section. (C) The extent of the analysis required under subdivision (b)(2)(A) of this section shall be defined in the Arkansas Pollution Control and Ecology Commission's rulemaking required under subdivision (b)(1) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period. (D) Upon completion of the public comment period, the Arkansas Pollution Control and Ecology Commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule; (3) Promulgation of rules and procedures not otherwise governed by applicable law which the Arkansas Pollution Control and Ecology Commission deems necessary to secure public participation in environmental decision-making processes; (4) Promulgation of rules governing administrative procedures for challenging or contesting division actions; (5) In the case of permitting or grants decisions, providing the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (6) In the case of an administrative enforcement or emergency action, providing the right to contest any such action initiated by the director; (7) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state; (8) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor; and (9) Upon a majority vote, initiate review of any director's decision.

(1) To adopt, after notice and public hearing, and to promulgate, modify, repeal, and enforce rules regarding hazardous waste management as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter and the powers and duties of the division under this subchapter, including, but not limited to, rules for: (A) The containerization and labeling of hazardous waste, which rules, to the extent practicable, shall be consistent with those issued by the United States Department of Transportation, the United States Environmental Protection Agency, the State Highway Commission, and the Arkansas Department of Transportation; (B) Establishing standards and procedures for the safe operation and maintenance of facilities; (C) Identifying those wastes or combination of wastes which are incompatible and which may not be stored or disposed of together and procedures for preventing the storage, disposal, recovery, or treatment of incompatible wastes together; (D) The reporting of hazardous waste management activities; (E) Establishing standards and procedures for the certification of supervisory personnel at hazardous waste treatment or disposal facilities or sites as required under § 8-7-219(3) ; and (F) Establishing a manifest system for the transport of hazardous waste and prohibiting the receipt of hazardous waste at storage, processing, recovery, disposal, or transport facilities or sites without a properly completed manifest;

(A) The containerization and labeling of hazardous waste, which rules, to the extent practicable, shall be consistent with those issued by the United States Department of Transportation, the United States Environmental Protection Agency, the State Highway Commission, and the Arkansas Department of Transportation;

(B) Establishing standards and procedures for the safe operation and maintenance of facilities;

(C) Identifying those wastes or combination of wastes which are incompatible and which may not be stored or disposed of together and procedures for preventing the storage, disposal, recovery, or treatment of incompatible wastes together;

(D) The reporting of hazardous waste management activities;

(E) Establishing standards and procedures for the certification of supervisory personnel at hazardous waste treatment or disposal facilities or sites as required under § 8-7-219(3) ; and

(F) Establishing a manifest system for the transport of hazardous waste and prohibiting the receipt of hazardous waste at storage, processing, recovery, disposal, or transport facilities or sites without a properly completed manifest;

(2) (A) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the Arkansas Pollution Control and Ecology Commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (B) The Arkansas Pollution Control and Ecology Commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(2)(A) of this section. (C) The extent of the analysis required under subdivision (b)(2)(A) of this section shall be defined in the Arkansas Pollution Control and Ecology Commission's rulemaking required under subdivision (b)(1) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period. (D) Upon completion of the public comment period, the Arkansas Pollution Control and Ecology Commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule;

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

(B) The Arkansas Pollution Control and Ecology Commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(2)(A) of this section.

(C) The extent of the analysis required under subdivision (b)(2)(A) of this section shall be defined in the Arkansas Pollution Control and Ecology Commission's rulemaking required under subdivision (b)(1) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period.

(D) Upon completion of the public comment period, the Arkansas Pollution Control and Ecology Commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule;

(3) Promulgation of rules and procedures not otherwise governed by applicable law which the Arkansas Pollution Control and Ecology Commission deems necessary to secure public participation in environmental decision-making processes;

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

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

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

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

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

(9) Upon a majority vote, initiate review of any director's decision.

Amended by Act 2019, No. 315,§ 611, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 610, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 609, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 608, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 607, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 606, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 18, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2725, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2724, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2723, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2722, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2721, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2720, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2719, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 9, eff. 8/1/2017.

Acts 1979, No. 406, § 4; A.S.A. 1947, § 82-4204; Acts 1989, No. 643, § 4; 1997, No. 250, § 48; 1997, No. 1055, § 2; 1997, No. 1219, § 9.
Ark. Code Ann. § 8-7-813 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-813
Registration
Status: in_force

(a) Except as provided under subsections (e) and (f) of this section, all owners and operators of storage tanks shall register their storage tanks as required by federal regulations and in accordance with the rules adopted under this subchapter. (b) (1) Except as provided under subsections (e) and (f) of this section, all owners and operators shall maintain proof of current and proper registration at the registered facility and post the proof in a conspicuous place on-site. (2) Proof of registration shall be in the form determined by rules adopted under this subchapter. (c) (1) If a storage tank is required to be registered under this subchapter, the owner or operator shall not receive any regulated substance into any storage tank for which current and proper proof of registration has not been provided to the person selling the regulated substance. (2) A person selling any regulated substance shall not deliver or cause to be delivered a regulated substance into any storage tank for which he or she has not obtained current and proper proof of registration from the owner or operator. (d) Any person violating this section is subject to § 8-7-806 . (e) This subchapter does not apply to aboveground storage tanks located on farms, the contents of which are used for agricultural purposes and not held for resale. (f) An aboveground storage tank that contains petroleum may be registered under this subchapter at the option of the owner or operator for the purpose of allowing potential eligibility for reimbursement under the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq. Amended by Act 2019, No. 315,§ 662, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 661, eff. 7/24/2019. Amended by Act 2017, No. 584,§ 1, eff. 8/1/2017. Acts 1993, No. 810, § 8.

(a) Except as provided under subsections (e) and (f) of this section, all owners and operators of storage tanks shall register their storage tanks as required by federal regulations and in accordance with the rules adopted under this subchapter.

(b) (1) Except as provided under subsections (e) and (f) of this section, all owners and operators shall maintain proof of current and proper registration at the registered facility and post the proof in a conspicuous place on-site. (2) Proof of registration shall be in the form determined by rules adopted under this subchapter.

(1) Except as provided under subsections (e) and (f) of this section, all owners and operators shall maintain proof of current and proper registration at the registered facility and post the proof in a conspicuous place on-site.

(2) Proof of registration shall be in the form determined by rules adopted under this subchapter.

(c) (1) If a storage tank is required to be registered under this subchapter, the owner or operator shall not receive any regulated substance into any storage tank for which current and proper proof of registration has not been provided to the person selling the regulated substance. (2) A person selling any regulated substance shall not deliver or cause to be delivered a regulated substance into any storage tank for which he or she has not obtained current and proper proof of registration from the owner or operator.

(1) If a storage tank is required to be registered under this subchapter, the owner or operator shall not receive any regulated substance into any storage tank for which current and proper proof of registration has not been provided to the person selling the regulated substance.

(2) A person selling any regulated substance shall not deliver or cause to be delivered a regulated substance into any storage tank for which he or she has not obtained current and proper proof of registration from the owner or operator.

(d) Any person violating this section is subject to § 8-7-806 .

(e) This subchapter does not apply to aboveground storage tanks located on farms, the contents of which are used for agricultural purposes and not held for resale.

(f) An aboveground storage tank that contains petroleum may be registered under this subchapter at the option of the owner or operator for the purpose of allowing potential eligibility for reimbursement under the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq.

Amended by Act 2019, No. 315,§ 662, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 661, eff. 7/24/2019.

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

Acts 1993, No. 810, § 8.
Ark. Code Ann. § 8-7-516 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-516
Liens for expenditures and value of improvements
Status: in_force

(a) If the owner of real property that is the location of a hazardous substance site upon which remedial action or removal action is performed under this subchapter is responsible, in whole or in part, for causing the release of the hazardous substance, there shall exist a lien against the real property for the moneys expended. If the expenditure results in an increase in the value of the real property, the lien shall also be for the increase in value. (b) The lien shall be effective upon the filing by the Director of the Division of Environmental Quality of a notice of lien with the circuit clerk in the county in which the real property is located. (c) The lien obtained by this section shall not exceed the amount of expenditures, as itemized on an affidavit of expenditures attached to and filed with the notice of lien, and the increase in real property value as a result of the removal action, remedial action, or abatement action taken, as determined by an independent appraisal, a copy of which shall be attached to and filed with the notice of lien. (d) The notice of lien shall be filed within thirty (30) days of the date of the last act performed on the real property by the Division of Environmental Quality or its agent under this subchapter. (e) Upon filing of the notice of lien, a copy with attachments shall be served upon the real property owner in the manner provided for enforcement of mechanics' or materialmen's liens. (f) Any and all moneys recovered or reimbursed pursuant to this section through voluntary agreements or court orders shall be deposited into and credited to the account of the Hazardous Substance Remedial Action Trust Fund. Amended by Act 2019, No. 910,§ 2768, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2767, eff. 7/1/2019. Acts 1985, No. 479, § 9; A.S.A. 1947, § 82-4720; Acts 1988 (3rd Ex. Sess.), No. 15, § 2; 2005, No. 1824, § 13.

(a) If the owner of real property that is the location of a hazardous substance site upon which remedial action or removal action is performed under this subchapter is responsible, in whole or in part, for causing the release of the hazardous substance, there shall exist a lien against the real property for the moneys expended. If the expenditure results in an increase in the value of the real property, the lien shall also be for the increase in value.

(b) The lien shall be effective upon the filing by the Director of the Division of Environmental Quality of a notice of lien with the circuit clerk in the county in which the real property is located.

(c) The lien obtained by this section shall not exceed the amount of expenditures, as itemized on an affidavit of expenditures attached to and filed with the notice of lien, and the increase in real property value as a result of the removal action, remedial action, or abatement action taken, as determined by an independent appraisal, a copy of which shall be attached to and filed with the notice of lien.

(d) The notice of lien shall be filed within thirty (30) days of the date of the last act performed on the real property by the Division of Environmental Quality or its agent under this subchapter.

(e) Upon filing of the notice of lien, a copy with attachments shall be served upon the real property owner in the manner provided for enforcement of mechanics' or materialmen's liens.

(f) Any and all moneys recovered or reimbursed pursuant to this section through voluntary agreements or court orders shall be deposited into and credited to the account of the Hazardous Substance Remedial Action Trust Fund.

Amended by Act 2019, No. 910,§ 2768, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2767, eff. 7/1/2019.

Acts 1985, No. 479, § 9; A.S.A. 1947, § 82-4720; Acts 1988 (3rd Ex. Sess.), No. 15, § 2; 2005, No. 1824, § 13.
Ark. Code Ann. § 8-6-2003 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2003
Definitions
Status: in_force

(a) To the extent that there is no conflict with the definitions in subsection (b) of this section, this subchapter incorporates and adopts the definitions of terms defined in this chapter. (b) As used in this subchapter: (1) "Alleged violator" means a person that has been issued an environmental citation under this subchapter by an environmental officer; (2) "Cost statement" means a verified written statement that accounts for the cost of solid waste removal or other remediation, including without limitation receipts, and establishes that: (A) The solid waste was removed from the location or the environmental violation at the location was otherwise remediated; and (B) The solid waste was properly disposed of at one (1) or more of the following facilities: (i) A permitted solid waste disposal facility; (ii) A permitted solid waste processing facility; (iii) A recycling center; (iv) A scrap yard that purchases iron, steel, aluminum, or other metals; or (v) Any other facility that the Division of Environmental Quality finds to be a proper disposal facility for the solid waste; (3) "Environmental officer" means an employee of a city, county, municipality, regional solid waste management district created under § 8-6-701 et seq., or state agency, board, or commission who has completed all requirements under this subchapter, including without limitation completing required training and passing the required examination, obtaining certification, being sworn in, and maintaining certification through continuing education; (4) "Environmental violation" means an act or omission that: (A) Is prohibited under § 8-6-2005 ; or (B) Causes or results in the violation of a state law, rule, or order that is: (i) Designed to protect the public health, safety, or welfare; and (ii) Applicable to this subchapter under § 8-6-2004 ; (5) "Illegal disposal of solid waste" or "illegal dumping of solid waste" means: (A) The illegal abandoning, depositing, releasing, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state; or (B) Causing any solid waste to be abandoned, deposited, released, dumped, spilled, leaked, or placed into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state; (6) (A) "Illegal dump site" means a place where solid waste is disposed of in a manner that is prohibited by this chapter. (B) "Illegal dump site" includes a place where one (1) or more of the following exists: (i) An attractive nuisance; (ii) A fire, health, or safety hazard; (iii) A potential source of surface or groundwater contamination; (iv) A waste tire site as defined in § 8-9-402 ; or (v) Other contamination that is hazardous to the public health or endangers the environment; and (7) "Person" means an individual, municipality, other governmental entity, or other entity that is recognized by law with rights and duties. Amended by Act 2021, No. 749,§ 2, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) To the extent that there is no conflict with the definitions in subsection (b) of this section, this subchapter incorporates and adopts the definitions of terms defined in this chapter.

(b) As used in this subchapter: (1) "Alleged violator" means a person that has been issued an environmental citation under this subchapter by an environmental officer; (2) "Cost statement" means a verified written statement that accounts for the cost of solid waste removal or other remediation, including without limitation receipts, and establishes that: (A) The solid waste was removed from the location or the environmental violation at the location was otherwise remediated; and (B) The solid waste was properly disposed of at one (1) or more of the following facilities: (i) A permitted solid waste disposal facility; (ii) A permitted solid waste processing facility; (iii) A recycling center; (iv) A scrap yard that purchases iron, steel, aluminum, or other metals; or (v) Any other facility that the Division of Environmental Quality finds to be a proper disposal facility for the solid waste; (3) "Environmental officer" means an employee of a city, county, municipality, regional solid waste management district created under § 8-6-701 et seq., or state agency, board, or commission who has completed all requirements under this subchapter, including without limitation completing required training and passing the required examination, obtaining certification, being sworn in, and maintaining certification through continuing education; (4) "Environmental violation" means an act or omission that: (A) Is prohibited under § 8-6-2005 ; or (B) Causes or results in the violation of a state law, rule, or order that is: (i) Designed to protect the public health, safety, or welfare; and (ii) Applicable to this subchapter under § 8-6-2004 ; (5) "Illegal disposal of solid waste" or "illegal dumping of solid waste" means: (A) The illegal abandoning, depositing, releasing, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state; or (B) Causing any solid waste to be abandoned, deposited, released, dumped, spilled, leaked, or placed into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state; (6) (A) "Illegal dump site" means a place where solid waste is disposed of in a manner that is prohibited by this chapter. (B) "Illegal dump site" includes a place where one (1) or more of the following exists: (i) An attractive nuisance; (ii) A fire, health, or safety hazard; (iii) A potential source of surface or groundwater contamination; (iv) A waste tire site as defined in § 8-9-402 ; or (v) Other contamination that is hazardous to the public health or endangers the environment; and (7) "Person" means an individual, municipality, other governmental entity, or other entity that is recognized by law with rights and duties.

(1) "Alleged violator" means a person that has been issued an environmental citation under this subchapter by an environmental officer;

(2) "Cost statement" means a verified written statement that accounts for the cost of solid waste removal or other remediation, including without limitation receipts, and establishes that: (A) The solid waste was removed from the location or the environmental violation at the location was otherwise remediated; and (B) The solid waste was properly disposed of at one (1) or more of the following facilities: (i) A permitted solid waste disposal facility; (ii) A permitted solid waste processing facility; (iii) A recycling center; (iv) A scrap yard that purchases iron, steel, aluminum, or other metals; or (v) Any other facility that the Division of Environmental Quality finds to be a proper disposal facility for the solid waste;

(A) The solid waste was removed from the location or the environmental violation at the location was otherwise remediated; and

(B) The solid waste was properly disposed of at one (1) or more of the following facilities: (i) A permitted solid waste disposal facility; (ii) A permitted solid waste processing facility; (iii) A recycling center; (iv) A scrap yard that purchases iron, steel, aluminum, or other metals; or (v) Any other facility that the Division of Environmental Quality finds to be a proper disposal facility for the solid waste;

(i) A permitted solid waste disposal facility;

(ii) A permitted solid waste processing facility;

(iii) A recycling center;

(iv) A scrap yard that purchases iron, steel, aluminum, or other metals; or

(v) Any other facility that the Division of Environmental Quality finds to be a proper disposal facility for the solid waste;

(3) "Environmental officer" means an employee of a city, county, municipality, regional solid waste management district created under § 8-6-701 et seq., or state agency, board, or commission who has completed all requirements under this subchapter, including without limitation completing required training and passing the required examination, obtaining certification, being sworn in, and maintaining certification through continuing education;

(4) "Environmental violation" means an act or omission that: (A) Is prohibited under § 8-6-2005 ; or (B) Causes or results in the violation of a state law, rule, or order that is: (i) Designed to protect the public health, safety, or welfare; and (ii) Applicable to this subchapter under § 8-6-2004 ;

(A) Is prohibited under § 8-6-2005 ; or

(B) Causes or results in the violation of a state law, rule, or order that is: (i) Designed to protect the public health, safety, or welfare; and (ii) Applicable to this subchapter under § 8-6-2004 ;

(i) Designed to protect the public health, safety, or welfare; and

(ii) Applicable to this subchapter under § 8-6-2004 ;

(5) "Illegal disposal of solid waste" or "illegal dumping of solid waste" means: (A) The illegal abandoning, depositing, releasing, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state; or (B) Causing any solid waste to be abandoned, deposited, released, dumped, spilled, leaked, or placed into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state;

(A) The illegal abandoning, depositing, releasing, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state; or

(B) Causing any solid waste to be abandoned, deposited, released, dumped, spilled, leaked, or placed into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state;

(6) (A) "Illegal dump site" means a place where solid waste is disposed of in a manner that is prohibited by this chapter. (B) "Illegal dump site" includes a place where one (1) or more of the following exists: (i) An attractive nuisance; (ii) A fire, health, or safety hazard; (iii) A potential source of surface or groundwater contamination; (iv) A waste tire site as defined in § 8-9-402 ; or (v) Other contamination that is hazardous to the public health or endangers the environment; and

(A) "Illegal dump site" means a place where solid waste is disposed of in a manner that is prohibited by this chapter.

(B) "Illegal dump site" includes a place where one (1) or more of the following exists: (i) An attractive nuisance; (ii) A fire, health, or safety hazard; (iii) A potential source of surface or groundwater contamination; (iv) A waste tire site as defined in § 8-9-402 ; or (v) Other contamination that is hazardous to the public health or endangers the environment; and

(i) An attractive nuisance;

(ii) A fire, health, or safety hazard;

(iii) A potential source of surface or groundwater contamination;

(iv) A waste tire site as defined in § 8-9-402 ; or

(v) Other contamination that is hazardous to the public health or endangers the environment; and

(7) "Person" means an individual, municipality, other governmental entity, or other entity that is recognized by law with rights and duties.

Amended by Act 2021, No. 749,§ 2, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-15-104 — AR Code / Title 8 / Chapter 15 / Section 8-15-104
Immunity
Status: in_force

(a) The powers and duties of a property assessed energy improvement district conferred by this chapter are public and governmental functions exercised for a public purpose and for matters of public necessity. (b) The district and its personnel are immune from suit in tort for the performance of its duties under this chapter unless immunity from tort is expressly waived in writing. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) The powers and duties of a property assessed energy improvement district conferred by this chapter are public and governmental functions exercised for a public purpose and for matters of public necessity.

(b) The district and its personnel are immune from suit in tort for the performance of its duties under this chapter unless immunity from tort is expressly waived in writing.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-6-709 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-709
Agreements implementing subchapter
Status: in_force

(a) Any regional solid waste management board may enter into agreements for the specific purpose of implementing this subchapter. (b) Any such agreement shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated thereto, provided such entity may be legally created; (3) Its purpose or purposes; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor, provided that such legal entity may incur indebtedness for the lease or purchase of land, equipment, and other expenses necessary to the operation of a solid waste management system or any part thereof; (5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; (6) The degree to which the joint or individual plans are drawn in accordance with the regional needs assessments required by this subchapter; and (7) Any other necessary and proper matters. Acts 1989, No. 870, § 11; 1991, No. 752, § 2.

(a) Any regional solid waste management board may enter into agreements for the specific purpose of implementing this subchapter.

(b) Any such agreement shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated thereto, provided such entity may be legally created; (3) Its purpose or purposes; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor, provided that such legal entity may incur indebtedness for the lease or purchase of land, equipment, and other expenses necessary to the operation of a solid waste management system or any part thereof; (5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; (6) The degree to which the joint or individual plans are drawn in accordance with the regional needs assessments required by this subchapter; and (7) Any other necessary and proper matters.

(1) Its duration;

(2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated thereto, provided such entity may be legally created;

(3) Its purpose or purposes;

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor, provided that such legal entity may incur indebtedness for the lease or purchase of land, equipment, and other expenses necessary to the operation of a solid waste management system or any part thereof;

(5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;

(6) The degree to which the joint or individual plans are drawn in accordance with the regional needs assessments required by this subchapter; and

(7) Any other necessary and proper matters.

Acts 1989, No. 870, § 11; 1991, No. 752, § 2.
Ark. Code Ann. § 8-7-801 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-801
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Aboveground storage tank" means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, whose capacity is greater than one thousand three hundred twenty gallons (1,320 gals.) and not more than forty thousand gallons (40,000 gals.) and that is used to contain or dispense motor fuels, distillate special fuels, or other refined petroleum products. (B) "Aboveground storage tank" does not include mobile storage tanks used to transport petroleum from one location to another or those used in the production of petroleum or natural gas; (2) "Adjacent property owner" means any person, other than an owner or operator, owning an interest in any property affected by a release; (3) "Commission" means the Arkansas Pollution Control and Ecology Commission; (4) "Operator" means any person in control of or having responsibility for the daily operation of an underground storage tank; (5) (A) "Owner" means: (i) In the case of an underground storage tank in use on November 8, 1984, or brought into use after November 8, 1984, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances; and (ii) In the case of any underground storage tank in use before November 8, 1984, but no longer in use on November 8, 1984, any person who owned such underground storage tank immediately before the discontinuation of its use. (B) "Owner" does not include any person who, without participation in the management of an underground storage tank, holds indicia of ownership primarily to protect a security interest in the underground storage tank; (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) "Petroleum" means petroleum, including crude oil or any fraction thereof, that is liquid at standard conditions of temperature and pressure, sixty degrees Fahrenheit (60° F) and fourteen and seven-tenths pounds (14.7 lbs.) per square inch absolute; (8) "Regulated substance" means: (A) Any substance defined in § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(14) , but not including any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6921 et seq.; and (B) Petroleum; (9) (A) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into groundwater, surface water, or subsurface soils. (B) "Release" does not include releases that are permitted or authorized by the Division of Environmental Quality or by federal law; (10) "Release site property owner" means a person, other than an owner or operator, that owns an interest in a property on which a release has occurred; (11) "Secondary containment" means a release prevention and release detection system for an underground storage tank or piping, or both, that provides an inner barrier and an outer barrier and an interstitial space between the two (2) barriers for monitoring to detect the presence of a leak or release of regulated substances from the underground storage tank or piping, or both; (12) "Storage tank" means an aboveground storage tank or underground storage tank as defined in this subchapter; and (13) (A) "Underground storage tank" means any one (1) or combination of tanks, including underground pipes connected thereto, which is or has been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. (B) "Underground storage tank" does not include any: (i) Farm or residential tank of one thousand one hundred gallons (1,100 gals.) or less capacity used for storing motor fuel for noncommercial purposes; (ii) Tank used for storing heating oil for consumptive use on the premises where stored; (iii) Septic tank; (iv) Pipeline facility, including gathering lines, regulated under: (a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; and (b) The Hazardous Liquid Pipeline Safety Act of 1979; (v) Surface impoundment, pit, pond, or lagoon; (vi) Storm water or wastewater collection system; (vii) Flow-through process tank; (viii) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; (ix) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or (x) Pipes connected to any tank that is described in subdivisions (13)(B)(i)-(ix) of this section. Amended by Act 2019, No. 910,§ 2781, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2780, eff. 7/1/2019. Amended by Act 2013, No. 1509,§ 1, eff. 8/16/2013. Acts 1989, No. 172, § 1; 1993, No. 810, § 1; 1995, No. 427, § 1; 1995, No. 436, § 1; 1999, No. 600, § 1; 1999, No. 1164, § 105; 2001, No. 1471, § 1; 2007, No. 264, § 1; 2009, No. 282, § 1.

As used in this subchapter:

(1) (A) "Aboveground storage tank" means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, whose capacity is greater than one thousand three hundred twenty gallons (1,320 gals.) and not more than forty thousand gallons (40,000 gals.) and that is used to contain or dispense motor fuels, distillate special fuels, or other refined petroleum products. (B) "Aboveground storage tank" does not include mobile storage tanks used to transport petroleum from one location to another or those used in the production of petroleum or natural gas;

(A) "Aboveground storage tank" means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, whose capacity is greater than one thousand three hundred twenty gallons (1,320 gals.) and not more than forty thousand gallons (40,000 gals.) and that is used to contain or dispense motor fuels, distillate special fuels, or other refined petroleum products.

(B) "Aboveground storage tank" does not include mobile storage tanks used to transport petroleum from one location to another or those used in the production of petroleum or natural gas;

(2) "Adjacent property owner" means any person, other than an owner or operator, owning an interest in any property affected by a release;

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

(4) "Operator" means any person in control of or having responsibility for the daily operation of an underground storage tank;

(5) (A) "Owner" means: (i) In the case of an underground storage tank in use on November 8, 1984, or brought into use after November 8, 1984, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances; and (ii) In the case of any underground storage tank in use before November 8, 1984, but no longer in use on November 8, 1984, any person who owned such underground storage tank immediately before the discontinuation of its use. (B) "Owner" does not include any person who, without participation in the management of an underground storage tank, holds indicia of ownership primarily to protect a security interest in the underground storage tank;

(A) "Owner" means: (i) In the case of an underground storage tank in use on November 8, 1984, or brought into use after November 8, 1984, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances; and (ii) In the case of any underground storage tank in use before November 8, 1984, but no longer in use on November 8, 1984, any person who owned such underground storage tank immediately before the discontinuation of its use.

(i) In the case of an underground storage tank in use on November 8, 1984, or brought into use after November 8, 1984, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances; and

(ii) In the case of any underground storage tank in use before November 8, 1984, but no longer in use on November 8, 1984, any person who owned such underground storage tank immediately before the discontinuation of its use.

(B) "Owner" does not include any person who, without participation in the management of an underground storage tank, holds indicia of ownership primarily to protect a security interest in the underground storage tank;

(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) "Petroleum" means petroleum, including crude oil or any fraction thereof, that is liquid at standard conditions of temperature and pressure, sixty degrees Fahrenheit (60° F) and fourteen and seven-tenths pounds (14.7 lbs.) per square inch absolute;

(8) "Regulated substance" means: (A) Any substance defined in § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(14) , but not including any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6921 et seq.; and (B) Petroleum;

(A) Any substance defined in § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(14) , but not including any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6921 et seq.; and

(B) Petroleum;

(9) (A) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into groundwater, surface water, or subsurface soils. (B) "Release" does not include releases that are permitted or authorized by the Division of Environmental Quality or by federal law;

(A) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into groundwater, surface water, or subsurface soils.

(B) "Release" does not include releases that are permitted or authorized by the Division of Environmental Quality or by federal law;

(10) "Release site property owner" means a person, other than an owner or operator, that owns an interest in a property on which a release has occurred;

(11) "Secondary containment" means a release prevention and release detection system for an underground storage tank or piping, or both, that provides an inner barrier and an outer barrier and an interstitial space between the two (2) barriers for monitoring to detect the presence of a leak or release of regulated substances from the underground storage tank or piping, or both;

(12) "Storage tank" means an aboveground storage tank or underground storage tank as defined in this subchapter; and

(13) (A) "Underground storage tank" means any one (1) or combination of tanks, including underground pipes connected thereto, which is or has been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. (B) "Underground storage tank" does not include any: (i) Farm or residential tank of one thousand one hundred gallons (1,100 gals.) or less capacity used for storing motor fuel for noncommercial purposes; (ii) Tank used for storing heating oil for consumptive use on the premises where stored; (iii) Septic tank; (iv) Pipeline facility, including gathering lines, regulated under: (a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; and (b) The Hazardous Liquid Pipeline Safety Act of 1979; (v) Surface impoundment, pit, pond, or lagoon; (vi) Storm water or wastewater collection system; (vii) Flow-through process tank; (viii) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; (ix) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or (x) Pipes connected to any tank that is described in subdivisions (13)(B)(i)-(ix) of this section.

(A) "Underground storage tank" means any one (1) or combination of tanks, including underground pipes connected thereto, which is or has been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground.

(B) "Underground storage tank" does not include any: (i) Farm or residential tank of one thousand one hundred gallons (1,100 gals.) or less capacity used for storing motor fuel for noncommercial purposes; (ii) Tank used for storing heating oil for consumptive use on the premises where stored; (iii) Septic tank; (iv) Pipeline facility, including gathering lines, regulated under: (a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; and (b) The Hazardous Liquid Pipeline Safety Act of 1979; (v) Surface impoundment, pit, pond, or lagoon; (vi) Storm water or wastewater collection system; (vii) Flow-through process tank; (viii) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; (ix) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or (x) Pipes connected to any tank that is described in subdivisions (13)(B)(i)-(ix) of this section.

(i) Farm or residential tank of one thousand one hundred gallons (1,100 gals.) or less capacity used for storing motor fuel for noncommercial purposes;

(ii) Tank used for storing heating oil for consumptive use on the premises where stored;

(iii) Septic tank;

(iv) Pipeline facility, including gathering lines, regulated under: (a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; and (b) The Hazardous Liquid Pipeline Safety Act of 1979;

(a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; and

(b) The Hazardous Liquid Pipeline Safety Act of 1979;

(v) Surface impoundment, pit, pond, or lagoon;

(vi) Storm water or wastewater collection system;

(vii) Flow-through process tank;

(viii) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;

(ix) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or

(x) Pipes connected to any tank that is described in subdivisions (13)(B)(i)-(ix) of this section.

Amended by Act 2019, No. 910,§ 2781, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2780, eff. 7/1/2019.

Amended by Act 2013, No. 1509,§ 1, eff. 8/16/2013.

Acts 1989, No. 172, § 1; 1993, No. 810, § 1; 1995, No. 427, § 1; 1995, No. 436, § 1; 1999, No. 600, § 1; 1999, No. 1164, § 105; 2001, No. 1471, § 1; 2007, No. 264, § 1; 2009, No. 282, § 1.
Ark. Code Ann. § 8-2-208 — AR Code / Title 8 / Chapter 2 / Subchapter 2 / Section 8-2-208
Accreditation - Revocation
Status: in_force

(a) After a laboratory is accredited, the laboratory's accreditation may be revoked or suspended by the Division of Environmental Quality for: (1) Knowingly falsifying any data submitted to the division or any data related to laboratory analysis; (2) Knowingly making any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis; (3) Knowingly misrepresenting procedures or documentation used in sampling or laboratory analysis; (4) Failing to comply with any one (1) or more of the following requirements under which the accreditation was issued: (A) Methods or procedures pertaining to analytical techniques, quality assurance, recordkeeping, or reporting methods; or (B) Facility, equipment, or personnel requirements; or (5) Failing to achieve acceptable results for specific analytes, methods, or matrices for which it has been accredited. (b) It shall be unlawful for any person: (1) To knowingly falsify any data submitted to the division or any data related to laboratory analysis; (2) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis; (3) To knowingly misrepresent sampling procedures or methods used in laboratory analysis; (4) To knowingly render inaccurate any accreditation issued under this subchapter; or (5) To knowingly represent that a person is accredited when that person is not accredited. Amended by Act 2019, No. 910,§ 2448, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2447, eff. 7/1/2019. Amended by Act 2017, No. 244,§ 2, eff. 8/1/2017. Acts 1985, No. 876, § 6; A.S.A. 1947, § 82-1993.5; Acts 1993, No. 322, § 6; 1993, No. 440, § 6.

(a) After a laboratory is accredited, the laboratory's accreditation may be revoked or suspended by the Division of Environmental Quality for: (1) Knowingly falsifying any data submitted to the division or any data related to laboratory analysis; (2) Knowingly making any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis; (3) Knowingly misrepresenting procedures or documentation used in sampling or laboratory analysis; (4) Failing to comply with any one (1) or more of the following requirements under which the accreditation was issued: (A) Methods or procedures pertaining to analytical techniques, quality assurance, recordkeeping, or reporting methods; or (B) Facility, equipment, or personnel requirements; or (5) Failing to achieve acceptable results for specific analytes, methods, or matrices for which it has been accredited.

(1) Knowingly falsifying any data submitted to the division or any data related to laboratory analysis;

(2) Knowingly making any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis;

(3) Knowingly misrepresenting procedures or documentation used in sampling or laboratory analysis;

(4) Failing to comply with any one (1) or more of the following requirements under which the accreditation was issued: (A) Methods or procedures pertaining to analytical techniques, quality assurance, recordkeeping, or reporting methods; or (B) Facility, equipment, or personnel requirements; or

(A) Methods or procedures pertaining to analytical techniques, quality assurance, recordkeeping, or reporting methods; or

(B) Facility, equipment, or personnel requirements; or

(5) Failing to achieve acceptable results for specific analytes, methods, or matrices for which it has been accredited.

(b) It shall be unlawful for any person: (1) To knowingly falsify any data submitted to the division or any data related to laboratory analysis; (2) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis; (3) To knowingly misrepresent sampling procedures or methods used in laboratory analysis; (4) To knowingly render inaccurate any accreditation issued under this subchapter; or (5) To knowingly represent that a person is accredited when that person is not accredited.

(1) To knowingly falsify any data submitted to the division or any data related to laboratory analysis;

(2) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis;

(3) To knowingly misrepresent sampling procedures or methods used in laboratory analysis;

(4) To knowingly render inaccurate any accreditation issued under this subchapter; or

(5) To knowingly represent that a person is accredited when that person is not accredited.

Amended by Act 2019, No. 910,§ 2448, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2447, eff. 7/1/2019.

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

Acts 1985, No. 876, § 6; A.S.A. 1947, § 82-1993.5; Acts 1993, No. 322, § 6; 1993, No. 440, § 6.
Ark. Code Ann. § 8-6-211 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-211
Municipal solid waste management systems
Status: in_force

(a) All municipalities shall provide a solid waste management system which will adequately provide for the collection and disposal of all solid wastes generated or existing within the incorporated limits of the municipality or in the area to be served and in accordance with the rules and orders of the Arkansas Pollution Control and Ecology Commission. The governing body of the municipality may enter into agreements with one (1) or more other municipalities, counties, a regional solid waste management district, private persons or trusts, or with any combination thereof, to provide a solid waste management system, or any part of a system, for the municipality, but the agreement shall not relieve the parties of their responsibilities under this subchapter. (b) (1) The governing body of the municipality shall have the authority to levy and collect such fees and charges and require such licenses as may be appropriate to discharge its responsibility under this subchapter, and the fees, charges, and licenses shall be based on a fee schedule as set forth in an ordinance. (2) (A) Without limitation on otherwise appropriate collection procedures, a municipality may collect its fees and service charges through either its own system of periodic billing or by entering the fees and service charges on the tax records of the county and then collecting the fees and service charges with the personal property taxes on an annual basis. (B) Further, any fees and service charges billed periodically by the cities which are more than ninety (90) days delinquent on November 1 of each year may be entered on the tax records of the county as a delinquent periodic fee or service charge and may be collected by the county with personal property taxes. (3) (A) (i) In counties where the fees are entered on the tax records for yearly collection or if the periodic fees and service charges are more than ninety (90) days delinquent as of November 1, the fees and service charges shall be entered on the tax records of the county by the county clerk and shall be collected by the county collector with the personal property taxes. (ii) The fees and service charges to be collected shall be certified to the county clerk by December 1 each year by an appropriate municipal official or the mayor. (iii) No county collector shall accept payment of any property taxes where annual fees and service charges or delinquent periodic fees and service charges appear on the county tax records of a taxpayer unless the fees and service charges due are also receipted. (iv) These funds shall be receipted and deposited into an official account of the county collector, who shall settle the account at least quarterly. (B) Annual fees and service charges or the delinquent periodic fees and service charges which remain unpaid after the time other property taxes are due shall constitute a lien on the real and personal property of the taxpayer which may be enforced against such property by an action in circuit court. (C) The amount of any fees and service charges collected shall then be paid to the municipality by the county collector, less four percent (4%) to be retained by the county collector. (D) In addition, when the county collector maintains a separate tax book for these fees and charges, the county collector may charge an additional two dollars and fifty cents ($2.50) for collection. (c) Municipalities may accept and disburse funds derived from grants from the United States Government or state governments, from private sources, or from moneys that may be appropriated from any available funds for the installation and operation of a solid waste management system or any part of a solid waste management system. (d) Municipalities are authorized to contract for the purchase of land, facilities, vehicles, and machinery necessary to the installation and operation of a solid waste management system either individually or as a party to a regional or county solid waste authority. (e) The governing body of a municipality shall have the right to establish policies for and enact laws concerning all phases of the operation of a solid waste management system, including hours of operation, the character and kinds of wastes accepted at the disposal site, the separation of wastes according to type by those generating them prior to collection, the type of container for storage of wastes, the prohibition of the diverting of recyclable materials by persons other than the generator or collector of the recyclable material, the prohibition of burning of wastes, the pretreatment of wastes, and such other rules as may be necessary or appropriate, so long as the laws, policies, and rules are consistent with, in accordance with, and not more restrictive than those adopted by, under, or pursuant to this subchapter or any laws, rules, or orders adopted by state law or incorporated by reference from federal law, the commission, or the regional solid waste management boards or regional solid waste management districts, unless: (1) There exists a fully implemented comprehensive area-wide zoning plan and corresponding laws or ordinances covering the entire municipality; or (2) The municipality has made a request to the board or district to adopt a more restrictive rule, order, or standard and no public hearing has been held within sixty (60) days or the request has not been acted upon within ninety (90) days. Amended by Act 2019, No. 315,§ 540, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 539, eff. 7/24/2019. Acts 1971, No. 237, § 5; A.S.A. 1947, § 82-2705; Acts 1991, No. 1007, § 1; 1993, No. 1280, § 3; 1995, No. 547, § 4; 2001, No. 1720, § 2.

(a) All municipalities shall provide a solid waste management system which will adequately provide for the collection and disposal of all solid wastes generated or existing within the incorporated limits of the municipality or in the area to be served and in accordance with the rules and orders of the Arkansas Pollution Control and Ecology Commission. The governing body of the municipality may enter into agreements with one (1) or more other municipalities, counties, a regional solid waste management district, private persons or trusts, or with any combination thereof, to provide a solid waste management system, or any part of a system, for the municipality, but the agreement shall not relieve the parties of their responsibilities under this subchapter.

(b) (1) The governing body of the municipality shall have the authority to levy and collect such fees and charges and require such licenses as may be appropriate to discharge its responsibility under this subchapter, and the fees, charges, and licenses shall be based on a fee schedule as set forth in an ordinance. (2) (A) Without limitation on otherwise appropriate collection procedures, a municipality may collect its fees and service charges through either its own system of periodic billing or by entering the fees and service charges on the tax records of the county and then collecting the fees and service charges with the personal property taxes on an annual basis. (B) Further, any fees and service charges billed periodically by the cities which are more than ninety (90) days delinquent on November 1 of each year may be entered on the tax records of the county as a delinquent periodic fee or service charge and may be collected by the county with personal property taxes. (3) (A) (i) In counties where the fees are entered on the tax records for yearly collection or if the periodic fees and service charges are more than ninety (90) days delinquent as of November 1, the fees and service charges shall be entered on the tax records of the county by the county clerk and shall be collected by the county collector with the personal property taxes. (ii) The fees and service charges to be collected shall be certified to the county clerk by December 1 each year by an appropriate municipal official or the mayor. (iii) No county collector shall accept payment of any property taxes where annual fees and service charges or delinquent periodic fees and service charges appear on the county tax records of a taxpayer unless the fees and service charges due are also receipted. (iv) These funds shall be receipted and deposited into an official account of the county collector, who shall settle the account at least quarterly. (B) Annual fees and service charges or the delinquent periodic fees and service charges which remain unpaid after the time other property taxes are due shall constitute a lien on the real and personal property of the taxpayer which may be enforced against such property by an action in circuit court. (C) The amount of any fees and service charges collected shall then be paid to the municipality by the county collector, less four percent (4%) to be retained by the county collector. (D) In addition, when the county collector maintains a separate tax book for these fees and charges, the county collector may charge an additional two dollars and fifty cents ($2.50) for collection.

(1) The governing body of the municipality shall have the authority to levy and collect such fees and charges and require such licenses as may be appropriate to discharge its responsibility under this subchapter, and the fees, charges, and licenses shall be based on a fee schedule as set forth in an ordinance.

(2) (A) Without limitation on otherwise appropriate collection procedures, a municipality may collect its fees and service charges through either its own system of periodic billing or by entering the fees and service charges on the tax records of the county and then collecting the fees and service charges with the personal property taxes on an annual basis. (B) Further, any fees and service charges billed periodically by the cities which are more than ninety (90) days delinquent on November 1 of each year may be entered on the tax records of the county as a delinquent periodic fee or service charge and may be collected by the county with personal property taxes.

(A) Without limitation on otherwise appropriate collection procedures, a municipality may collect its fees and service charges through either its own system of periodic billing or by entering the fees and service charges on the tax records of the county and then collecting the fees and service charges with the personal property taxes on an annual basis.

(B) Further, any fees and service charges billed periodically by the cities which are more than ninety (90) days delinquent on November 1 of each year may be entered on the tax records of the county as a delinquent periodic fee or service charge and may be collected by the county with personal property taxes.

(3) (A) (i) In counties where the fees are entered on the tax records for yearly collection or if the periodic fees and service charges are more than ninety (90) days delinquent as of November 1, the fees and service charges shall be entered on the tax records of the county by the county clerk and shall be collected by the county collector with the personal property taxes. (ii) The fees and service charges to be collected shall be certified to the county clerk by December 1 each year by an appropriate municipal official or the mayor. (iii) No county collector shall accept payment of any property taxes where annual fees and service charges or delinquent periodic fees and service charges appear on the county tax records of a taxpayer unless the fees and service charges due are also receipted. (iv) These funds shall be receipted and deposited into an official account of the county collector, who shall settle the account at least quarterly. (B) Annual fees and service charges or the delinquent periodic fees and service charges which remain unpaid after the time other property taxes are due shall constitute a lien on the real and personal property of the taxpayer which may be enforced against such property by an action in circuit court. (C) The amount of any fees and service charges collected shall then be paid to the municipality by the county collector, less four percent (4%) to be retained by the county collector. (D) In addition, when the county collector maintains a separate tax book for these fees and charges, the county collector may charge an additional two dollars and fifty cents ($2.50) for collection.

(A) (i) In counties where the fees are entered on the tax records for yearly collection or if the periodic fees and service charges are more than ninety (90) days delinquent as of November 1, the fees and service charges shall be entered on the tax records of the county by the county clerk and shall be collected by the county collector with the personal property taxes. (ii) The fees and service charges to be collected shall be certified to the county clerk by December 1 each year by an appropriate municipal official or the mayor. (iii) No county collector shall accept payment of any property taxes where annual fees and service charges or delinquent periodic fees and service charges appear on the county tax records of a taxpayer unless the fees and service charges due are also receipted. (iv) These funds shall be receipted and deposited into an official account of the county collector, who shall settle the account at least quarterly.

(i) In counties where the fees are entered on the tax records for yearly collection or if the periodic fees and service charges are more than ninety (90) days delinquent as of November 1, the fees and service charges shall be entered on the tax records of the county by the county clerk and shall be collected by the county collector with the personal property taxes.

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

(iii) No county collector shall accept payment of any property taxes where annual fees and service charges or delinquent periodic fees and service charges appear on the county tax records of a taxpayer unless the fees and service charges due are also receipted.

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

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

(C) The amount of any fees and service charges collected shall then be paid to the municipality by the county collector, less four percent (4%) to be retained by the county collector.

(D) In addition, when the county collector maintains a separate tax book for these fees and charges, the county collector may charge an additional two dollars and fifty cents ($2.50) for collection.

(c) Municipalities may accept and disburse funds derived from grants from the United States Government or state governments, from private sources, or from moneys that may be appropriated from any available funds for the installation and operation of a solid waste management system or any part of a solid waste management system.

(d) Municipalities are authorized to contract for the purchase of land, facilities, vehicles, and machinery necessary to the installation and operation of a solid waste management system either individually or as a party to a regional or county solid waste authority.

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

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

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

Amended by Act 2019, No. 315,§ 540, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 539, eff. 7/24/2019.

Acts 1971, No. 237, § 5; A.S.A. 1947, § 82-2705; Acts 1991, No. 1007, § 1; 1993, No. 1280, § 3; 1995, No. 547, § 4; 2001, No. 1720, § 2.
Ark. Code Ann. § 8-3-205 — AR Code / Title 8 / Chapter 3 / Subchapter 2 / Section 8-3-205
Assessing effects of state plan
Status: in_force

(a) Before seeking public comment on a proposed state plan for regulating carbon dioxide emissions from covered electric generating units or any permit amendment, rule amendment, or administrative order necessary to implement a state plan for regulating carbon dioxide emissions from covered electric generating units, the Division of Environmental Quality shall prepare a report that takes into account the factors specified in § 8-4-312 and the Clean Air Act, 42 U.S.C. § 7401 et seq., as applicable. (b) (1) In addition to the report specified in subsection (a) of this section, the division shall coordinate with the Arkansas Public Service Commission in the preparation of both initial and annual reports that assess the effects of the state plan on the electric power sector, including without limitation: (A) The ability of the state to provide affordable electricity through diversified sources of electricity generation; (B) The type and amount of electric generating capacity within the state that is likely to withdraw from the state or switch to another fuel; (C) Stranded investment in electric generating and transmission capacity and other assets and infrastructure; (D) Potential risks to electric reliability within the state, including without limitation resource adequacy risks, transmission constraints, and natural gas supply and transmission adequacy; and (E) (i) The amount by which retail electricity and any replacement fuel prices within the state are forecast to increase. (ii) A rate impact assessment shall consider nonfuel costs, including generation, transmission, distribution, surcharges for renewable energy and energy efficiency, capital investment, upgrades to meet environmental requirements, utility profits, financing costs for new investments, unappreciated capital assets retired prematurely, and other nonfuel costs and surcharges, and the amount of funds contributed from all in-state taxpayers to local, state, and federal subsidies, grants, and credits to fund in-state electric generation sources, electric storage, and energy efficiency. (2) The division shall further coordinate with the Arkansas Economic Development Commission in the preparation of both initial and annual reports that assess the effects of the state plan on the electricity consumers within the state, including without limitation: (A) Disproportionate impacts of electricity and other replacement energy price increases on middle-income and lower-income households; (B) Employment within the state, including without limitation direct and indirect employment effects and jobs potentially lost within affected sectors of the state's economy; (C) Economic development within the state, including without limitation effects on manufacturing, commercial, and other sectors of the state's economy; (D) The competitive position of the state in relation to neighboring states and other economic competitors; and (E) State and local governments, including without limitation potential impacts resulting from changes in tax revenues and higher government outlays for electric service. (c) The initial reports required by this section shall be included in the public record for any permit amendment, rule amendment, or administrative order proposed to implement a state plan for regulating carbon dioxide emissions from covered electric generating units. (d) Beginning one (1) year after the initial compliance date specified in the state plan and each year thereafter, the division, in coordination with the Arkansas Public Service Commission and the Arkansas Economic Development Commission, shall submit the annual reports required under subsection (b) of this section to the Legislative Council. Amended by Act 2021, No. 639,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 447, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 446, eff. 7/24/2019. Amended by Act 2019, No. 934,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2460, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2459, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2458, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2457, eff. 7/1/2019. Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

(a) Before seeking public comment on a proposed state plan for regulating carbon dioxide emissions from covered electric generating units or any permit amendment, rule amendment, or administrative order necessary to implement a state plan for regulating carbon dioxide emissions from covered electric generating units, the Division of Environmental Quality shall prepare a report that takes into account the factors specified in § 8-4-312 and the Clean Air Act, 42 U.S.C. § 7401 et seq., as applicable.

(b) (1) In addition to the report specified in subsection (a) of this section, the division shall coordinate with the Arkansas Public Service Commission in the preparation of both initial and annual reports that assess the effects of the state plan on the electric power sector, including without limitation: (A) The ability of the state to provide affordable electricity through diversified sources of electricity generation; (B) The type and amount of electric generating capacity within the state that is likely to withdraw from the state or switch to another fuel; (C) Stranded investment in electric generating and transmission capacity and other assets and infrastructure; (D) Potential risks to electric reliability within the state, including without limitation resource adequacy risks, transmission constraints, and natural gas supply and transmission adequacy; and (E) (i) The amount by which retail electricity and any replacement fuel prices within the state are forecast to increase. (ii) A rate impact assessment shall consider nonfuel costs, including generation, transmission, distribution, surcharges for renewable energy and energy efficiency, capital investment, upgrades to meet environmental requirements, utility profits, financing costs for new investments, unappreciated capital assets retired prematurely, and other nonfuel costs and surcharges, and the amount of funds contributed from all in-state taxpayers to local, state, and federal subsidies, grants, and credits to fund in-state electric generation sources, electric storage, and energy efficiency. (2) The division shall further coordinate with the Arkansas Economic Development Commission in the preparation of both initial and annual reports that assess the effects of the state plan on the electricity consumers within the state, including without limitation: (A) Disproportionate impacts of electricity and other replacement energy price increases on middle-income and lower-income households; (B) Employment within the state, including without limitation direct and indirect employment effects and jobs potentially lost within affected sectors of the state's economy; (C) Economic development within the state, including without limitation effects on manufacturing, commercial, and other sectors of the state's economy; (D) The competitive position of the state in relation to neighboring states and other economic competitors; and (E) State and local governments, including without limitation potential impacts resulting from changes in tax revenues and higher government outlays for electric service.

(1) In addition to the report specified in subsection (a) of this section, the division shall coordinate with the Arkansas Public Service Commission in the preparation of both initial and annual reports that assess the effects of the state plan on the electric power sector, including without limitation: (A) The ability of the state to provide affordable electricity through diversified sources of electricity generation; (B) The type and amount of electric generating capacity within the state that is likely to withdraw from the state or switch to another fuel; (C) Stranded investment in electric generating and transmission capacity and other assets and infrastructure; (D) Potential risks to electric reliability within the state, including without limitation resource adequacy risks, transmission constraints, and natural gas supply and transmission adequacy; and (E) (i) The amount by which retail electricity and any replacement fuel prices within the state are forecast to increase. (ii) A rate impact assessment shall consider nonfuel costs, including generation, transmission, distribution, surcharges for renewable energy and energy efficiency, capital investment, upgrades to meet environmental requirements, utility profits, financing costs for new investments, unappreciated capital assets retired prematurely, and other nonfuel costs and surcharges, and the amount of funds contributed from all in-state taxpayers to local, state, and federal subsidies, grants, and credits to fund in-state electric generation sources, electric storage, and energy efficiency.

(A) The ability of the state to provide affordable electricity through diversified sources of electricity generation;

(B) The type and amount of electric generating capacity within the state that is likely to withdraw from the state or switch to another fuel;

(C) Stranded investment in electric generating and transmission capacity and other assets and infrastructure;

(D) Potential risks to electric reliability within the state, including without limitation resource adequacy risks, transmission constraints, and natural gas supply and transmission adequacy; and

(E) (i) The amount by which retail electricity and any replacement fuel prices within the state are forecast to increase. (ii) A rate impact assessment shall consider nonfuel costs, including generation, transmission, distribution, surcharges for renewable energy and energy efficiency, capital investment, upgrades to meet environmental requirements, utility profits, financing costs for new investments, unappreciated capital assets retired prematurely, and other nonfuel costs and surcharges, and the amount of funds contributed from all in-state taxpayers to local, state, and federal subsidies, grants, and credits to fund in-state electric generation sources, electric storage, and energy efficiency.

(i) The amount by which retail electricity and any replacement fuel prices within the state are forecast to increase.

(ii) A rate impact assessment shall consider nonfuel costs, including generation, transmission, distribution, surcharges for renewable energy and energy efficiency, capital investment, upgrades to meet environmental requirements, utility profits, financing costs for new investments, unappreciated capital assets retired prematurely, and other nonfuel costs and surcharges, and the amount of funds contributed from all in-state taxpayers to local, state, and federal subsidies, grants, and credits to fund in-state electric generation sources, electric storage, and energy efficiency.

(2) The division shall further coordinate with the Arkansas Economic Development Commission in the preparation of both initial and annual reports that assess the effects of the state plan on the electricity consumers within the state, including without limitation: (A) Disproportionate impacts of electricity and other replacement energy price increases on middle-income and lower-income households; (B) Employment within the state, including without limitation direct and indirect employment effects and jobs potentially lost within affected sectors of the state's economy; (C) Economic development within the state, including without limitation effects on manufacturing, commercial, and other sectors of the state's economy; (D) The competitive position of the state in relation to neighboring states and other economic competitors; and (E) State and local governments, including without limitation potential impacts resulting from changes in tax revenues and higher government outlays for electric service.

(A) Disproportionate impacts of electricity and other replacement energy price increases on middle-income and lower-income households;

(B) Employment within the state, including without limitation direct and indirect employment effects and jobs potentially lost within affected sectors of the state's economy;

(C) Economic development within the state, including without limitation effects on manufacturing, commercial, and other sectors of the state's economy;

(D) The competitive position of the state in relation to neighboring states and other economic competitors; and

(E) State and local governments, including without limitation potential impacts resulting from changes in tax revenues and higher government outlays for electric service.

(c) The initial reports required by this section shall be included in the public record for any permit amendment, rule amendment, or administrative order proposed to implement a state plan for regulating carbon dioxide emissions from covered electric generating units.

(d) Beginning one (1) year after the initial compliance date specified in the state plan and each year thereafter, the division, in coordination with the Arkansas Public Service Commission and the Arkansas Economic Development Commission, shall submit the annual reports required under subsection (b) of this section to the Legislative Council.

Amended by Act 2021, No. 639,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 447, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 446, eff. 7/24/2019.

Amended by Act 2019, No. 934,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2460, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2459, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2458, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2457, eff. 7/1/2019.

Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 8-2-209 — AR Code / Title 8 / Chapter 2 / Subchapter 2 / Section 8-2-209
Fees
Status: in_force

(a) (1) The Division of Environmental Quality may assess and collect reasonable fees from participating laboratories for the administrative costs of the Environmental Laboratory Accreditation Program. (2) The costs shall include without limitation, the expense of conducting evaluations. (b) Fees may be assessed at the time of initial application, renewal application, application for modification, or at the time a certificate is awarded. (c) Following a public hearing and based upon a record calculating the reasonable administrative costs of conducting accreditation procedures under this subchapter and costs of enforcing the terms and conditions of accreditations, the Arkansas Pollution Control and Ecology Commission may establish reasonable fees for initial issuance, annual review, and modification of accreditations authorized by this subchapter. Amended by Act 2019, No. 910,§ 2449, eff. 7/1/2019. Amended by Act 2017, No. 244,§ 2, eff. 8/1/2017. Acts 1985, No. 876, § 7; A.S.A. 1947, § 82-1993.6; Acts 1993, No. 322, § 7; 1993, No. 440, § 7.

(a) (1) The Division of Environmental Quality may assess and collect reasonable fees from participating laboratories for the administrative costs of the Environmental Laboratory Accreditation Program. (2) The costs shall include without limitation, the expense of conducting evaluations.

(1) The Division of Environmental Quality may assess and collect reasonable fees from participating laboratories for the administrative costs of the Environmental Laboratory Accreditation Program.

(2) The costs shall include without limitation, the expense of conducting evaluations.

(b) Fees may be assessed at the time of initial application, renewal application, application for modification, or at the time a certificate is awarded.

(c) Following a public hearing and based upon a record calculating the reasonable administrative costs of conducting accreditation procedures under this subchapter and costs of enforcing the terms and conditions of accreditations, the Arkansas Pollution Control and Ecology Commission may establish reasonable fees for initial issuance, annual review, and modification of accreditations authorized by this subchapter.

Amended by Act 2019, No. 910,§ 2449, eff. 7/1/2019.

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

Acts 1985, No. 876, § 7; A.S.A. 1947, § 82-1993.6; Acts 1993, No. 322, § 7; 1993, No. 440, § 7.
Ark. Code Ann. § 8-7-515 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-515
Recovery of expenditures - Limitations
Status: in_force

No person, including the state, may recover under the authority of this section for any remedial action or removal action costs or damages resulting: (1) From the application, in accordance with label directions of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act; or (2) Solely from an act or omission of a third party or from an act of God or an act of war. Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719; 2005, No. 1824, § 12.

No person, including the state, may recover under the authority of this section for any remedial action or removal action costs or damages resulting:

(1) From the application, in accordance with label directions of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act; or

(2) Solely from an act or omission of a third party or from an act of God or an act of war.

Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719; 2005, No. 1824, § 12.
Ark. Code Ann. § 8-9-605 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-605
Plan approval and implementation
Status: in_force

(a) (1) Within one hundred twenty (120) days after receipt of a mercury minimization plan, the Director of the Arkansas Department of Environmental Quality, now the Director of the Division of Environmental Quality, shall approve, disapprove, or conditionally approve the entire mercury minimization plan. The director may solicit input from representatives of vehicle recyclers, scrap recycling facilities, and other stakeholders as the director deems appropriate. (2) (A) If the entire mercury minimization plan is approved, the manufacturer shall begin implementation within thirty (30) days after receipt of approval or as otherwise agreed to by the director. (B) If the entire mercury minimization plan is disapproved, the director shall inform the manufacturer as to the reasons for the disapproval. The manufacturer shall have thirty (30) days thereafter to submit a new mercury minimization plan. (3) (A) The director may approve those parts of a mercury minimization plan that meet the requirements of § 8-9-604 and disapprove the parts that do not comply with the requirements of § 8-9-604 . (B) The manufacturer shall implement the approved parts of the mercury minimization plan within thirty (30) days after receipt of approval or as otherwise agreed to by the director and submit a revised mercury minimization plan for the disapproved parts within thirty (30) days after receipt of notification of the disapproval of the director. (C) The director shall review and approve, conditionally approve, or disapprove a revised mercury minimization plan within thirty (30) days after receipt. (4) (A) If at the conclusion of the time period of one hundred twenty (120) days after receipt of a mercury minimization plan the director has neither approved nor disapproved the mercury minimization plan pursuant to subdivision (a)(2)(A) or subdivision (a)(2)(B) of this section, the mercury minimization plan shall be considered to be conditionally approved. (B) Subject to any modifications required by the director, a manufacturer shall implement a conditionally effective mercury minimization plan within thirty (30) days after receipt of approval or as otherwise agreed to by the director. (b) The director may review a mercury minimization plan approved pursuant to this section and recommend modifications to the plan at any time upon a finding that the approved mercury minimization plan is deficient or not accomplishing the purposes set out in this subchapter in any material respect. Amended by Act 2019, No. 693,§ 45, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2995, eff. 7/1/2019. Acts 2005, No. 649, § 1.

(a) (1) Within one hundred twenty (120) days after receipt of a mercury minimization plan, the Director of the Arkansas Department of Environmental Quality, now the Director of the Division of Environmental Quality, shall approve, disapprove, or conditionally approve the entire mercury minimization plan. The director may solicit input from representatives of vehicle recyclers, scrap recycling facilities, and other stakeholders as the director deems appropriate. (2) (A) If the entire mercury minimization plan is approved, the manufacturer shall begin implementation within thirty (30) days after receipt of approval or as otherwise agreed to by the director. (B) If the entire mercury minimization plan is disapproved, the director shall inform the manufacturer as to the reasons for the disapproval. The manufacturer shall have thirty (30) days thereafter to submit a new mercury minimization plan. (3) (A) The director may approve those parts of a mercury minimization plan that meet the requirements of § 8-9-604 and disapprove the parts that do not comply with the requirements of § 8-9-604 . (B) The manufacturer shall implement the approved parts of the mercury minimization plan within thirty (30) days after receipt of approval or as otherwise agreed to by the director and submit a revised mercury minimization plan for the disapproved parts within thirty (30) days after receipt of notification of the disapproval of the director. (C) The director shall review and approve, conditionally approve, or disapprove a revised mercury minimization plan within thirty (30) days after receipt. (4) (A) If at the conclusion of the time period of one hundred twenty (120) days after receipt of a mercury minimization plan the director has neither approved nor disapproved the mercury minimization plan pursuant to subdivision (a)(2)(A) or subdivision (a)(2)(B) of this section, the mercury minimization plan shall be considered to be conditionally approved. (B) Subject to any modifications required by the director, a manufacturer shall implement a conditionally effective mercury minimization plan within thirty (30) days after receipt of approval or as otherwise agreed to by the director.

(1) Within one hundred twenty (120) days after receipt of a mercury minimization plan, the Director of the Arkansas Department of Environmental Quality, now the Director of the Division of Environmental Quality, shall approve, disapprove, or conditionally approve the entire mercury minimization plan. The director may solicit input from representatives of vehicle recyclers, scrap recycling facilities, and other stakeholders as the director deems appropriate.

(2) (A) If the entire mercury minimization plan is approved, the manufacturer shall begin implementation within thirty (30) days after receipt of approval or as otherwise agreed to by the director. (B) If the entire mercury minimization plan is disapproved, the director shall inform the manufacturer as to the reasons for the disapproval. The manufacturer shall have thirty (30) days thereafter to submit a new mercury minimization plan.

(A) If the entire mercury minimization plan is approved, the manufacturer shall begin implementation within thirty (30) days after receipt of approval or as otherwise agreed to by the director.

(B) If the entire mercury minimization plan is disapproved, the director shall inform the manufacturer as to the reasons for the disapproval. The manufacturer shall have thirty (30) days thereafter to submit a new mercury minimization plan.

(3) (A) The director may approve those parts of a mercury minimization plan that meet the requirements of § 8-9-604 and disapprove the parts that do not comply with the requirements of § 8-9-604 . (B) The manufacturer shall implement the approved parts of the mercury minimization plan within thirty (30) days after receipt of approval or as otherwise agreed to by the director and submit a revised mercury minimization plan for the disapproved parts within thirty (30) days after receipt of notification of the disapproval of the director. (C) The director shall review and approve, conditionally approve, or disapprove a revised mercury minimization plan within thirty (30) days after receipt.

(A) The director may approve those parts of a mercury minimization plan that meet the requirements of § 8-9-604 and disapprove the parts that do not comply with the requirements of § 8-9-604 .

(B) The manufacturer shall implement the approved parts of the mercury minimization plan within thirty (30) days after receipt of approval or as otherwise agreed to by the director and submit a revised mercury minimization plan for the disapproved parts within thirty (30) days after receipt of notification of the disapproval of the director.

(C) The director shall review and approve, conditionally approve, or disapprove a revised mercury minimization plan within thirty (30) days after receipt.

(4) (A) If at the conclusion of the time period of one hundred twenty (120) days after receipt of a mercury minimization plan the director has neither approved nor disapproved the mercury minimization plan pursuant to subdivision (a)(2)(A) or subdivision (a)(2)(B) of this section, the mercury minimization plan shall be considered to be conditionally approved. (B) Subject to any modifications required by the director, a manufacturer shall implement a conditionally effective mercury minimization plan within thirty (30) days after receipt of approval or as otherwise agreed to by the director.

(A) If at the conclusion of the time period of one hundred twenty (120) days after receipt of a mercury minimization plan the director has neither approved nor disapproved the mercury minimization plan pursuant to subdivision (a)(2)(A) or subdivision (a)(2)(B) of this section, the mercury minimization plan shall be considered to be conditionally approved.

(B) Subject to any modifications required by the director, a manufacturer shall implement a conditionally effective mercury minimization plan within thirty (30) days after receipt of approval or as otherwise agreed to by the director.

(b) The director may review a mercury minimization plan approved pursuant to this section and recommend modifications to the plan at any time upon a finding that the approved mercury minimization plan is deficient or not accomplishing the purposes set out in this subchapter in any material respect.

Amended by Act 2019, No. 693,§ 45, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2995, eff. 7/1/2019.

Acts 2005, No. 649, § 1.