Ark. Code Ann. § 8-15-113 — AR Code / Title 8 / Chapter 15 / Section 8-15-113
Financing projects
Status: in_force

(a) A property assessed energy improvement district may establish a PACE program to provide loans for the initial acquisition and installation of energy efficiency improvements, renewable energy projects, and water conservation improvements with consenting real property owners of existing real property and new construction. (b) (1) The district may authorize by resolution the issuance of bonds or the execution of a contract with a governmental entity or a private entity to provide the loans under subsection (a) of this section. (2) The resolution shall include without limitation the following: (A) The type of renewable energy project, water conservation improvement, or energy efficiency improvement for which the loan may be offered; (B) The proposed arrangement for the loan program, including without limitation: (i) A statement concerning the source of funding that will be used to pay for work performed under the loan contract; (ii) The interest rate and time period during which contracting real property owners would repay the loan; and (iii) The method of apportioning all or any portion of the costs incidental to the financing, administration, and collection of the arrangement among the consenting real property owners and the governmental entity; (C) A minimum and maximum aggregate dollar amount that may be financed per property; (D) (i) A method for prioritizing requests from real property owners for financing if the requests appear likely to exceed the authorization amount of the loan program. (ii) Priority shall be given to those requests from real property owners that meet the eligibility requirements on a first-come, first-served basis; (E) Identification of a local official authorized to enter into loan contracts on behalf of the district; and (F) A draft contract specifying the terms and conditions proposed by the district. (c) (1) The district may combine the loan payment required by the loan contract with the billing for the real property tax assessment for the real property where the renewable energy project, water conservation improvement, or the energy efficiency improvement is installed. (2) The district may establish the order in which a loan payment will be applied to the different charges. (3) The district may not combine the billing for a loan payment required by a contract authorized under this section with a billing of another county or political subdivision unless the county or political subdivision has given its consent by a resolution or ordinance. (d) The district shall offer private lending institutions the opportunity to participate in local loan programs established under this section. (e) (1) (A) In order to secure a loan authorized under this section, the district may place a lien equal in value to the loan against any real property where the renewable energy project, water conservation improvement, or the energy efficiency improvement is installed. (B) The lien shall attach to the real property when it is filed in the county recorder's office for record. (2) (A) (i) The priority of the lien created under this chapter is determined based on the date of filing of the lien. (ii) Except as provided in subdivision (e)(2)(A)(iii) of this section, the priority of the lien shall be determined in the same manner as the priority for other real property tax and assessment liens. (iii) A lien created under this chapter shall be subordinate to any real or personal property tax liens. (iv) A district shall discharge the lien created under this chapter upon full payment of the lien. (B) If the real property is sold, the lien shall stay attached to the real property, and the loan created under this chapter will be owed by the new real property owner. (C) If the real property enters into default or foreclosure: (i) Payment of the assessment shall not be sought from a member of the district who does not own the real property that entered into default or foreclosure; (ii) Repayment of the assessment shall not be accelerated automatically; and (iii) The balance of the assessment shall be repaid according to the terms of the agreed-upon schedule. (3) The district may bundle or package the loans for transfer to private lenders in a manner that would allow the liens to remain in full force to secure the loans. (f) (1) Before the enactment of an ordinance under this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars. (2) The public hearing shall be advertised one (1) time per week for two (2) consecutive weeks in a newspaper of general circulation in the district. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) A property assessed energy improvement district may establish a PACE program to provide loans for the initial acquisition and installation of energy efficiency improvements, renewable energy projects, and water conservation improvements with consenting real property owners of existing real property and new construction.

(b) (1) The district may authorize by resolution the issuance of bonds or the execution of a contract with a governmental entity or a private entity to provide the loans under subsection (a) of this section. (2) The resolution shall include without limitation the following: (A) The type of renewable energy project, water conservation improvement, or energy efficiency improvement for which the loan may be offered; (B) The proposed arrangement for the loan program, including without limitation: (i) A statement concerning the source of funding that will be used to pay for work performed under the loan contract; (ii) The interest rate and time period during which contracting real property owners would repay the loan; and (iii) The method of apportioning all or any portion of the costs incidental to the financing, administration, and collection of the arrangement among the consenting real property owners and the governmental entity; (C) A minimum and maximum aggregate dollar amount that may be financed per property; (D) (i) A method for prioritizing requests from real property owners for financing if the requests appear likely to exceed the authorization amount of the loan program. (ii) Priority shall be given to those requests from real property owners that meet the eligibility requirements on a first-come, first-served basis; (E) Identification of a local official authorized to enter into loan contracts on behalf of the district; and (F) A draft contract specifying the terms and conditions proposed by the district.

(1) The district may authorize by resolution the issuance of bonds or the execution of a contract with a governmental entity or a private entity to provide the loans under subsection (a) of this section.

(2) The resolution shall include without limitation the following: (A) The type of renewable energy project, water conservation improvement, or energy efficiency improvement for which the loan may be offered; (B) The proposed arrangement for the loan program, including without limitation: (i) A statement concerning the source of funding that will be used to pay for work performed under the loan contract; (ii) The interest rate and time period during which contracting real property owners would repay the loan; and (iii) The method of apportioning all or any portion of the costs incidental to the financing, administration, and collection of the arrangement among the consenting real property owners and the governmental entity; (C) A minimum and maximum aggregate dollar amount that may be financed per property; (D) (i) A method for prioritizing requests from real property owners for financing if the requests appear likely to exceed the authorization amount of the loan program. (ii) Priority shall be given to those requests from real property owners that meet the eligibility requirements on a first-come, first-served basis; (E) Identification of a local official authorized to enter into loan contracts on behalf of the district; and (F) A draft contract specifying the terms and conditions proposed by the district.

(A) The type of renewable energy project, water conservation improvement, or energy efficiency improvement for which the loan may be offered;

(B) The proposed arrangement for the loan program, including without limitation: (i) A statement concerning the source of funding that will be used to pay for work performed under the loan contract; (ii) The interest rate and time period during which contracting real property owners would repay the loan; and (iii) The method of apportioning all or any portion of the costs incidental to the financing, administration, and collection of the arrangement among the consenting real property owners and the governmental entity;

(i) A statement concerning the source of funding that will be used to pay for work performed under the loan contract;

(ii) The interest rate and time period during which contracting real property owners would repay the loan; and

(iii) The method of apportioning all or any portion of the costs incidental to the financing, administration, and collection of the arrangement among the consenting real property owners and the governmental entity;

(C) A minimum and maximum aggregate dollar amount that may be financed per property;

(D) (i) A method for prioritizing requests from real property owners for financing if the requests appear likely to exceed the authorization amount of the loan program. (ii) Priority shall be given to those requests from real property owners that meet the eligibility requirements on a first-come, first-served basis;

(i) A method for prioritizing requests from real property owners for financing if the requests appear likely to exceed the authorization amount of the loan program.

(ii) Priority shall be given to those requests from real property owners that meet the eligibility requirements on a first-come, first-served basis;

(E) Identification of a local official authorized to enter into loan contracts on behalf of the district; and

(F) A draft contract specifying the terms and conditions proposed by the district.

(c) (1) The district may combine the loan payment required by the loan contract with the billing for the real property tax assessment for the real property where the renewable energy project, water conservation improvement, or the energy efficiency improvement is installed. (2) The district may establish the order in which a loan payment will be applied to the different charges. (3) The district may not combine the billing for a loan payment required by a contract authorized under this section with a billing of another county or political subdivision unless the county or political subdivision has given its consent by a resolution or ordinance.

(1) The district may combine the loan payment required by the loan contract with the billing for the real property tax assessment for the real property where the renewable energy project, water conservation improvement, or the energy efficiency improvement is installed.

(2) The district may establish the order in which a loan payment will be applied to the different charges.

(3) The district may not combine the billing for a loan payment required by a contract authorized under this section with a billing of another county or political subdivision unless the county or political subdivision has given its consent by a resolution or ordinance.

(d) The district shall offer private lending institutions the opportunity to participate in local loan programs established under this section.

(e) (1) (A) In order to secure a loan authorized under this section, the district may place a lien equal in value to the loan against any real property where the renewable energy project, water conservation improvement, or the energy efficiency improvement is installed. (B) The lien shall attach to the real property when it is filed in the county recorder's office for record. (2) (A) (i) The priority of the lien created under this chapter is determined based on the date of filing of the lien. (ii) Except as provided in subdivision (e)(2)(A)(iii) of this section, the priority of the lien shall be determined in the same manner as the priority for other real property tax and assessment liens. (iii) A lien created under this chapter shall be subordinate to any real or personal property tax liens. (iv) A district shall discharge the lien created under this chapter upon full payment of the lien. (B) If the real property is sold, the lien shall stay attached to the real property, and the loan created under this chapter will be owed by the new real property owner. (C) If the real property enters into default or foreclosure: (i) Payment of the assessment shall not be sought from a member of the district who does not own the real property that entered into default or foreclosure; (ii) Repayment of the assessment shall not be accelerated automatically; and (iii) The balance of the assessment shall be repaid according to the terms of the agreed-upon schedule. (3) The district may bundle or package the loans for transfer to private lenders in a manner that would allow the liens to remain in full force to secure the loans.

(1) (A) In order to secure a loan authorized under this section, the district may place a lien equal in value to the loan against any real property where the renewable energy project, water conservation improvement, or the energy efficiency improvement is installed. (B) The lien shall attach to the real property when it is filed in the county recorder's office for record.

(A) In order to secure a loan authorized under this section, the district may place a lien equal in value to the loan against any real property where the renewable energy project, water conservation improvement, or the energy efficiency improvement is installed.

(B) The lien shall attach to the real property when it is filed in the county recorder's office for record.

(2) (A) (i) The priority of the lien created under this chapter is determined based on the date of filing of the lien. (ii) Except as provided in subdivision (e)(2)(A)(iii) of this section, the priority of the lien shall be determined in the same manner as the priority for other real property tax and assessment liens. (iii) A lien created under this chapter shall be subordinate to any real or personal property tax liens. (iv) A district shall discharge the lien created under this chapter upon full payment of the lien. (B) If the real property is sold, the lien shall stay attached to the real property, and the loan created under this chapter will be owed by the new real property owner. (C) If the real property enters into default or foreclosure: (i) Payment of the assessment shall not be sought from a member of the district who does not own the real property that entered into default or foreclosure; (ii) Repayment of the assessment shall not be accelerated automatically; and (iii) The balance of the assessment shall be repaid according to the terms of the agreed-upon schedule.

(A) (i) The priority of the lien created under this chapter is determined based on the date of filing of the lien. (ii) Except as provided in subdivision (e)(2)(A)(iii) of this section, the priority of the lien shall be determined in the same manner as the priority for other real property tax and assessment liens. (iii) A lien created under this chapter shall be subordinate to any real or personal property tax liens. (iv) A district shall discharge the lien created under this chapter upon full payment of the lien.

(i) The priority of the lien created under this chapter is determined based on the date of filing of the lien.

(ii) Except as provided in subdivision (e)(2)(A)(iii) of this section, the priority of the lien shall be determined in the same manner as the priority for other real property tax and assessment liens.

(iii) A lien created under this chapter shall be subordinate to any real or personal property tax liens.

(iv) A district shall discharge the lien created under this chapter upon full payment of the lien.

(B) If the real property is sold, the lien shall stay attached to the real property, and the loan created under this chapter will be owed by the new real property owner.

(C) If the real property enters into default or foreclosure: (i) Payment of the assessment shall not be sought from a member of the district who does not own the real property that entered into default or foreclosure; (ii) Repayment of the assessment shall not be accelerated automatically; and (iii) The balance of the assessment shall be repaid according to the terms of the agreed-upon schedule.

(i) Payment of the assessment shall not be sought from a member of the district who does not own the real property that entered into default or foreclosure;

(ii) Repayment of the assessment shall not be accelerated automatically; and

(iii) The balance of the assessment shall be repaid according to the terms of the agreed-upon schedule.

(3) The district may bundle or package the loans for transfer to private lenders in a manner that would allow the liens to remain in full force to secure the loans.

(f) (1) Before the enactment of an ordinance under this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars. (2) The public hearing shall be advertised one (1) time per week for two (2) consecutive weeks in a newspaper of general circulation in the district.

(1) Before the enactment of an ordinance under this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars.

(2) The public hearing shall be advertised one (1) time per week for two (2) consecutive weeks in a newspaper of general circulation in the district.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-6-616 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-616
[Repealed]
Status: repealed

Repealed by Act 2017, No. 624,§ 6, eff. 8/1/2017. Added by Act 2015, No. 1176,§ 2, eff. 7/22/2015.

Repealed by Act 2017, No. 624,§ 6, eff. 8/1/2017.

Added by Act 2015, No. 1176,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 8-7-307 — AR Code / Title 8 / Chapter 7 / Subchapter 3 / Section 8-7-307
Unlawful actions - Acts or omissions of third parties
Status: in_force

(a) It is unlawful for a person to: (1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter; (2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality pursuant to the provisions of this subchapter; or (3) Dispose of hazardous waste in the state except as provided by rules established by the division pursuant to this subchapter. (b) (1) (A) A person who violates this section upon conviction is guilty of an unclassified misdemeanor and shall be sentenced to not more than one (1) year in the county jail or a fine of not more than ten thousand dollars ($10,000), or both. (B) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (2) (A) A person who violates this section or the rules issued under this subchapter, or who violates any condition of a permit issued under this subchapter, may be assessed a civil penalty by the Arkansas Pollution Control and Ecology Commission under administrative procedures and civil penalty rules of the commission. (B) The civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation. (C) Each day of a continuing violation may be considered a separate violation for purposes of civil penalty assessments. (D) However, a civil penalty assessment shall not be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation under §§ 8-4-218 , 8-4-219 , and 8-4-221 . (c) A person is not liable for violating a provision of this subchapter or of any rule, permit, or order issued under this subchapter if the violation was caused solely by the acts or omissions of a third party. Amended by Act 2019, No. 315,§ 625, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 624, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 623, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2747, eff. 7/1/2019. Amended by Act 2015, No. 1264,§ 8, eff. 7/22/2015. Acts 1979, No. 1098, § 6; 1985, No. 922, § 4; A.S.A. 1947, § 82-4222; Acts 1989, No. 260, § 6.

(a) It is unlawful for a person to: (1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter; (2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality pursuant to the provisions of this subchapter; or (3) Dispose of hazardous waste in the state except as provided by rules established by the division pursuant to this subchapter.

(1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter;

(2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality pursuant to the provisions of this subchapter; or

(3) Dispose of hazardous waste in the state except as provided by rules established by the division pursuant to this subchapter.

(b) (1) (A) A person who violates this section upon conviction is guilty of an unclassified misdemeanor and shall be sentenced to not more than one (1) year in the county jail or a fine of not more than ten thousand dollars ($10,000), or both. (B) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (2) (A) A person who violates this section or the rules issued under this subchapter, or who violates any condition of a permit issued under this subchapter, may be assessed a civil penalty by the Arkansas Pollution Control and Ecology Commission under administrative procedures and civil penalty rules of the commission. (B) The civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation. (C) Each day of a continuing violation may be considered a separate violation for purposes of civil penalty assessments. (D) However, a civil penalty assessment shall not be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation under §§ 8-4-218 , 8-4-219 , and 8-4-221 .

(1) (A) A person who violates this section upon conviction is guilty of an unclassified misdemeanor and shall be sentenced to not more than one (1) year in the county jail or a fine of not more than ten thousand dollars ($10,000), or both. (B) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(A) A person who violates this section upon conviction is guilty of an unclassified misdemeanor and shall be sentenced to not more than one (1) year in the county jail or a fine of not more than ten thousand dollars ($10,000), or both.

(B) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(2) (A) A person who violates this section or the rules issued under this subchapter, or who violates any condition of a permit issued under this subchapter, may be assessed a civil penalty by the Arkansas Pollution Control and Ecology Commission under administrative procedures and civil penalty rules of the commission. (B) The civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation. (C) Each day of a continuing violation may be considered a separate violation for purposes of civil penalty assessments. (D) However, a civil penalty assessment shall not be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation under §§ 8-4-218 , 8-4-219 , and 8-4-221 .

(A) A person who violates this section or the rules issued under this subchapter, or who violates any condition of a permit issued under this subchapter, may be assessed a civil penalty by the Arkansas Pollution Control and Ecology Commission under administrative procedures and civil penalty rules of the commission.

(B) The civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation.

(C) Each day of a continuing violation may be considered a separate violation for purposes of civil penalty assessments.

(D) However, a civil penalty assessment shall not be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation under §§ 8-4-218 , 8-4-219 , and 8-4-221 .

(c) A person is not liable for violating a provision of this subchapter or of any rule, permit, or order issued under this subchapter if the violation was caused solely by the acts or omissions of a third party.

Amended by Act 2019, No. 315,§ 625, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 624, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 623, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2747, eff. 7/1/2019.

Amended by Act 2015, No. 1264,§ 8, eff. 7/22/2015.

Acts 1979, No. 1098, § 6; 1985, No. 922, § 4; A.S.A. 1947, § 82-4222; Acts 1989, No. 260, § 6.
Ark. Code Ann. § 8-6-204 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-204
Criminal, civil, and administrative penalties
Status: in_force

(a) Criminal Penalties. (1) (A) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of a misdemeanor. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than twenty-five thousand dollars ($25,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (2) (A) It shall be illegal for a person to: (i) Violate any provision of this subchapter, commit any unlawful act under this subchapter, or violate any rule or order of the commission or division, and leave the state or remove his or her person from the jurisdiction of this state; (ii) Through the course of activities prohibited by this section, purposely, knowingly, or recklessly cause pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby create a substantial likelihood of adversely affecting human health, animal or plant life, or property; or (iii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this chapter, or falsify, tamper with, or render inaccurate any monitoring device, testing method, or record required to be maintained under this chapter. (B) (i) A person who violates this subdivision (a)(2) shall be guilty of a felony. (ii) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than five (5) years or a fine of not more than fifty thousand dollars ($50,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (3) Notwithstanding the limits on fines set in subdivisions (a)(1) and (2) of this section, if a person convicted under subdivision (a)(1) or subdivision (a)(2) of this section has derived or will derive pecuniary gain from commission of the offenses, then he or she may be sentenced to pay a fine not to exceed two (2) times the amount of the pecuniary gain. (b) Civil Penalties. The division is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) Restrain any violation of or compel compliance with the provisions of this subchapter and of any rules, orders, permits, licenses, or plans issued pursuant to this subchapter; (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; (3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including natural resource damages; (4) Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for violations of this subchapter and of any rules, permits, or plans issued pursuant to this subchapter; or (5) Recover civil penalties assessed pursuant to subsection (c) of this section. (c) Any person who violates any provision of this subchapter and rules, permits, or plans issued pursuant to this subchapter may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation. Each day of a continuing violation may be deemed a separate violation for purposes of civil penalty assessment. No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing in accordance with rules adopted by the commission. All hearings and appeals arising under this subchapter shall be conducted in accordance with the procedures prescribed by §§ 8-4-205 , 8-4-212 , and 8-4-218 - 8-4-229 . These administrative procedures may also be used to recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including natural resource damages. (d) As an alternative to the limits on civil penalties set in subsections (b) and (c) of this section, if a person found liable in actions brought under subsection (b) or subsection (c) of this section has derived pecuniary gain from commission of the offenses, then he or she may be ordered to pay a civil penalty equal to the amount of the pecuniary gain. (e) (1) All moneys collected as reimbursement for expenses, costs, and damages to the division shall be deposited into the operating fund of the division. (2) All moneys collected as civil penalties pursuant to this section shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509 . (3) (A) The Director of the Division of Environmental Quality, in his or her discretion, may authorize in-kind services or cash contributions as partial mitigation of cash penalties for use in projects or programs designed to advance environmental interests. (B) The violator may provide in-kind services or cash contributions as directed by the division by utilizing the violator's own expertise, by hiring and compensating subcontractors to perform the in-kind services, by arranging and providing financing for the in-kind services, or by other financial arrangements initiated by the division in which the violator and the division retain no monetary benefit, however remote. (C) The in-kind services shall not duplicate or augment services already provided by the division through appropriations of the General Assembly. (4) All moneys collected to cover the costs, expenses, or damages of other agencies or subdivisions of the state, including natural resource damages, shall be distributed to the appropriate governmental entity. (f) The culpable mental states referenced throughout this section shall have the definitions set out in § 5-2-202 . (g) Solicitation or conspiracy, as defined by the Arkansas Criminal Code at § 5-3-301 et seq. and § 5-3-401 et seq., to commit any criminal act proscribed by this section and §§ 8-4-103 and 8-7-204 shall be punishable as follows: (1) Any solicitation or conspiracy to commit an offense under this section which is a misdemeanor shall be a misdemeanor subject to fines not to exceed fifteen thousand dollars ($15,000) per day of violation or imprisonment for more than six (6) months, or both such fine and imprisonment; (2) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5) years shall be a felony subject to fines up to thirty-five thousand dollars ($35,000) per day or imprisonment up to two (2) years, or both such fine and imprisonment; (3) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of one hundred thousand dollars ($100,000) per day or imprisonment up to ten (10) years shall be a felony subject to fines up to seventy-five thousand dollars ($75,000) per day or imprisonment up to seven (7) years, or both such fine and imprisonment; and (4) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up to twenty (20) years shall be a felony subject to fines up to one hundred fifty thousand dollars ($150,000) per day or imprisonment up to fifteen (15) years, or both such fine and imprisonment. (h) In cases considering suspension of sentence or probation, efforts or commitments by the defendant to remediate any adverse environmental effects caused by his or her activities may be considered by the court to be restitution as contemplated by § 5-4-301 . (i) A business organization and its agents or officers may be found liable under this section in accordance with the standards set forth in § 5-2-501 et seq. and sentenced to pay fines in accordance with the provisions of § 5-4-201(d) and (e) . Amended by Act 2019, No. 315,§ 526, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 525, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 524, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 523, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 522, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2597, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2596, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2595, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2594, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2593, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2592, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2591, eff. 7/1/2019. Acts 1971, No. 237, § 11; 1983, No. 666, § 3; A.S.A. 1947, § 82-2711; Acts 1987, No. 529, § 2; 1991, No. 1057, §§ 4, 5; 1993, No. 731, § 4; 1995, No. 547, § 2; 1995, No. 895, § 5; 1999, No. 582, § 1; 2005, No. 1824, § 6.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including natural resource damages;

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

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

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

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

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

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

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

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

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

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

(C) The in-kind services shall not duplicate or augment services already provided by the division through appropriations of the General Assembly.

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

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

(g) Solicitation or conspiracy, as defined by the Arkansas Criminal Code at § 5-3-301 et seq. and § 5-3-401 et seq., to commit any criminal act proscribed by this section and §§ 8-4-103 and 8-7-204 shall be punishable as follows: (1) Any solicitation or conspiracy to commit an offense under this section which is a misdemeanor shall be a misdemeanor subject to fines not to exceed fifteen thousand dollars ($15,000) per day of violation or imprisonment for more than six (6) months, or both such fine and imprisonment; (2) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5) years shall be a felony subject to fines up to thirty-five thousand dollars ($35,000) per day or imprisonment up to two (2) years, or both such fine and imprisonment; (3) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of one hundred thousand dollars ($100,000) per day or imprisonment up to ten (10) years shall be a felony subject to fines up to seventy-five thousand dollars ($75,000) per day or imprisonment up to seven (7) years, or both such fine and imprisonment; and (4) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up to twenty (20) years shall be a felony subject to fines up to one hundred fifty thousand dollars ($150,000) per day or imprisonment up to fifteen (15) years, or both such fine and imprisonment.

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

(2) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5) years shall be a felony subject to fines up to thirty-five thousand dollars ($35,000) per day or imprisonment up to two (2) years, or both such fine and imprisonment;

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

(4) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up to twenty (20) years shall be a felony subject to fines up to one hundred fifty thousand dollars ($150,000) per day or imprisonment up to fifteen (15) years, or both such fine and imprisonment.

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

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

Amended by Act 2019, No. 315,§ 526, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 525, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 524, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 523, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 522, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2597, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2596, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2595, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2594, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2593, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2592, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2591, eff. 7/1/2019.

Acts 1971, No. 237, § 11; 1983, No. 666, § 3; A.S.A. 1947, § 82-2711; Acts 1987, No. 529, § 2; 1991, No. 1057, §§ 4, 5; 1993, No. 731, § 4; 1995, No. 547, § 2; 1995, No. 895, § 5; 1999, No. 582, § 1; 2005, No. 1824, § 6.
Ark. Code Ann. § 8-4-234 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-234
Short-term activity authorization
Status: in_force

(a) (1) The Director of the Division of Environmental Quality may authorize short-term activities that have potential to affect compliance with Arkansas water quality standards if: (A) The short-term activity is essential to the protection or promotion of the public interest; and (B) No permanent or long-term impairment of beneficial uses is likely to result from the short-term activity. (2) Short-term activities eligible for authorization include without limitation: (A) Wastewater treatment facility maintenance; (B) Fish eradication projects; (C) Mosquito abatement projects; (D) Algae and weed control projects; (E) Dredge and fill projects; (F) Construction activities; or (G) Activities that result in overall enhancement or maintenance of beneficial uses. (b) (1) The Division of Environmental Quality may collect a short-term activity authorization fee. (2) The short-term activity authorization fee shall not exceed two hundred dollars ($200) for each stream crossing, in-stream activity, or other eligible activity under subdivision (a)(2) of this section at each site identified in the application. (3) The Arkansas Pollution Control and Ecology Commission may establish a fee schedule for short-term activity authorization fees imposed on a state agency, board, or commission or municipality, city, or county for a short-term activity not covered under subsection (c) of this section to include without limitation: (A) Routine maintenance; or (B) Road construction. (4) (A) The division shall enter into an agreement with a state agency, board, or commission or municipality, city, or county that creates an alternative payment structure in lieu of short-term activity authorization fees authorized under subdivision (b)(2) of this section. (B) An agreement entered into under subdivision (b)(4)(A) of this section shall include: (i) A provision regarding waiver of short-term activity authorization fees under this section; and (ii) A process under which the division provides notice to the state agency, board, or commission or municipality, city, or county of planned actions under this section that affect the state agency, board, or commission or municipality, city, or county. (5) The division shall waive twenty-five percent (25%) of a short-term activity authorization fee assessed under this section to a state agency, board, or commission or municipality, city, or county in a fiscal year. (c) (1) At the request of a state agency, board, or commission or municipality, city, or county, the director shall waive the short-term activity authorization fee under subsection (b) of this section to facilitate emergency activity limited to the following: (A) Storm debris removal necessary to prevent damage to a bridge, road, or other structure; (B) Emergency bridge maintenance or repair; or (C) Emergency road maintenance or repair. (2) A state agency, board, or commission or municipality, city, or county that submits a request for a waiver of the short-term activity authorization fee under subdivision (c)(1) of this section shall provide the division: (A) Notice by phone or email before commencing any in-stream activity; (B) A written request for waiver of the short-term activity authorization fee that includes: (i) A request that the short-term activity fee be waived; and (ii) A statement that describes the emergency conditions that require the short-term activity; and (C) Written notice of completion, including detailed information concerning all in-stream activity. (d) The director shall determine the necessary conditions for the authorization under this section. (e) This section does not supersede existing state or federal permitting processes or requirements. (f) The Arkansas Pollution Control and Ecology Commission may promulgate rules for the administration of this section. Amended by Act 2019, No. 315,§ 487, eff. 7/24/2019. Amended by Act Amended by Act 2019, No. 910,§ 2520, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2519, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2518, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2517, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2516, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2515, eff. 7/1/2019. 2019, No. 693,§ 7, eff. 7/24/2019. Added by Act 2017, No. 585,§ 1, eff. 8/1/2017.

(a) (1) The Director of the Division of Environmental Quality may authorize short-term activities that have potential to affect compliance with Arkansas water quality standards if: (A) The short-term activity is essential to the protection or promotion of the public interest; and (B) No permanent or long-term impairment of beneficial uses is likely to result from the short-term activity. (2) Short-term activities eligible for authorization include without limitation: (A) Wastewater treatment facility maintenance; (B) Fish eradication projects; (C) Mosquito abatement projects; (D) Algae and weed control projects; (E) Dredge and fill projects; (F) Construction activities; or (G) Activities that result in overall enhancement or maintenance of beneficial uses.

(1) The Director of the Division of Environmental Quality may authorize short-term activities that have potential to affect compliance with Arkansas water quality standards if: (A) The short-term activity is essential to the protection or promotion of the public interest; and (B) No permanent or long-term impairment of beneficial uses is likely to result from the short-term activity.

(A) The short-term activity is essential to the protection or promotion of the public interest; and

(B) No permanent or long-term impairment of beneficial uses is likely to result from the short-term activity.

(2) Short-term activities eligible for authorization include without limitation: (A) Wastewater treatment facility maintenance; (B) Fish eradication projects; (C) Mosquito abatement projects; (D) Algae and weed control projects; (E) Dredge and fill projects; (F) Construction activities; or (G) Activities that result in overall enhancement or maintenance of beneficial uses.

(A) Wastewater treatment facility maintenance;

(B) Fish eradication projects;

(C) Mosquito abatement projects;

(D) Algae and weed control projects;

(E) Dredge and fill projects;

(F) Construction activities; or

(G) Activities that result in overall enhancement or maintenance of beneficial uses.

(b) (1) The Division of Environmental Quality may collect a short-term activity authorization fee. (2) The short-term activity authorization fee shall not exceed two hundred dollars ($200) for each stream crossing, in-stream activity, or other eligible activity under subdivision (a)(2) of this section at each site identified in the application. (3) The Arkansas Pollution Control and Ecology Commission may establish a fee schedule for short-term activity authorization fees imposed on a state agency, board, or commission or municipality, city, or county for a short-term activity not covered under subsection (c) of this section to include without limitation: (A) Routine maintenance; or (B) Road construction. (4) (A) The division shall enter into an agreement with a state agency, board, or commission or municipality, city, or county that creates an alternative payment structure in lieu of short-term activity authorization fees authorized under subdivision (b)(2) of this section. (B) An agreement entered into under subdivision (b)(4)(A) of this section shall include: (i) A provision regarding waiver of short-term activity authorization fees under this section; and (ii) A process under which the division provides notice to the state agency, board, or commission or municipality, city, or county of planned actions under this section that affect the state agency, board, or commission or municipality, city, or county. (5) The division shall waive twenty-five percent (25%) of a short-term activity authorization fee assessed under this section to a state agency, board, or commission or municipality, city, or county in a fiscal year.

(1) The Division of Environmental Quality may collect a short-term activity authorization fee.

(2) The short-term activity authorization fee shall not exceed two hundred dollars ($200) for each stream crossing, in-stream activity, or other eligible activity under subdivision (a)(2) of this section at each site identified in the application.

(3) The Arkansas Pollution Control and Ecology Commission may establish a fee schedule for short-term activity authorization fees imposed on a state agency, board, or commission or municipality, city, or county for a short-term activity not covered under subsection (c) of this section to include without limitation: (A) Routine maintenance; or (B) Road construction.

(A) Routine maintenance; or

(B) Road construction.

(4) (A) The division shall enter into an agreement with a state agency, board, or commission or municipality, city, or county that creates an alternative payment structure in lieu of short-term activity authorization fees authorized under subdivision (b)(2) of this section. (B) An agreement entered into under subdivision (b)(4)(A) of this section shall include: (i) A provision regarding waiver of short-term activity authorization fees under this section; and (ii) A process under which the division provides notice to the state agency, board, or commission or municipality, city, or county of planned actions under this section that affect the state agency, board, or commission or municipality, city, or county.

(A) The division shall enter into an agreement with a state agency, board, or commission or municipality, city, or county that creates an alternative payment structure in lieu of short-term activity authorization fees authorized under subdivision (b)(2) of this section.

(B) An agreement entered into under subdivision (b)(4)(A) of this section shall include: (i) A provision regarding waiver of short-term activity authorization fees under this section; and (ii) A process under which the division provides notice to the state agency, board, or commission or municipality, city, or county of planned actions under this section that affect the state agency, board, or commission or municipality, city, or county.

(i) A provision regarding waiver of short-term activity authorization fees under this section; and

(ii) A process under which the division provides notice to the state agency, board, or commission or municipality, city, or county of planned actions under this section that affect the state agency, board, or commission or municipality, city, or county.

(5) The division shall waive twenty-five percent (25%) of a short-term activity authorization fee assessed under this section to a state agency, board, or commission or municipality, city, or county in a fiscal year.

(c) (1) At the request of a state agency, board, or commission or municipality, city, or county, the director shall waive the short-term activity authorization fee under subsection (b) of this section to facilitate emergency activity limited to the following: (A) Storm debris removal necessary to prevent damage to a bridge, road, or other structure; (B) Emergency bridge maintenance or repair; or (C) Emergency road maintenance or repair. (2) A state agency, board, or commission or municipality, city, or county that submits a request for a waiver of the short-term activity authorization fee under subdivision (c)(1) of this section shall provide the division: (A) Notice by phone or email before commencing any in-stream activity; (B) A written request for waiver of the short-term activity authorization fee that includes: (i) A request that the short-term activity fee be waived; and (ii) A statement that describes the emergency conditions that require the short-term activity; and (C) Written notice of completion, including detailed information concerning all in-stream activity.

(1) At the request of a state agency, board, or commission or municipality, city, or county, the director shall waive the short-term activity authorization fee under subsection (b) of this section to facilitate emergency activity limited to the following: (A) Storm debris removal necessary to prevent damage to a bridge, road, or other structure; (B) Emergency bridge maintenance or repair; or (C) Emergency road maintenance or repair.

(A) Storm debris removal necessary to prevent damage to a bridge, road, or other structure;

(B) Emergency bridge maintenance or repair; or

(C) Emergency road maintenance or repair.

(2) A state agency, board, or commission or municipality, city, or county that submits a request for a waiver of the short-term activity authorization fee under subdivision (c)(1) of this section shall provide the division: (A) Notice by phone or email before commencing any in-stream activity; (B) A written request for waiver of the short-term activity authorization fee that includes: (i) A request that the short-term activity fee be waived; and (ii) A statement that describes the emergency conditions that require the short-term activity; and (C) Written notice of completion, including detailed information concerning all in-stream activity.

(A) Notice by phone or email before commencing any in-stream activity;

(B) A written request for waiver of the short-term activity authorization fee that includes: (i) A request that the short-term activity fee be waived; and (ii) A statement that describes the emergency conditions that require the short-term activity; and

(i) A request that the short-term activity fee be waived; and

(ii) A statement that describes the emergency conditions that require the short-term activity; and

(C) Written notice of completion, including detailed information concerning all in-stream activity.

(d) The director shall determine the necessary conditions for the authorization under this section.

(e) This section does not supersede existing state or federal permitting processes or requirements.

(f) The Arkansas Pollution Control and Ecology Commission may promulgate rules for the administration of this section.

Amended by Act 2019, No. 315,§ 487, eff. 7/24/2019.

Amended by Act Amended by Act 2019, No. 910,§ 2520, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2519, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2518, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2517, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2516, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2515, eff. 7/1/2019.

2019, No. 693,§ 7, eff. 7/24/2019.

Added by Act 2017, No. 585,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-6-223 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-223
Household hazardous waste storage or processing centers - Permit required
Status: in_force

(a) It is unlawful for a person to own or operate a household hazardous waste storage or processing center, as defined in § 8-6-203 , without first obtaining from the Division of Environmental Quality a transfer station permit or another permit that the division deems appropriate and that meets the requirements of this section. (b) (1) The division shall not issue, modify, or renew a permit for a household hazardous waste storage or processing center regulated under this section without the permit applicant's first demonstrating to the division's satisfaction the applicant's financial ability to ensure proper removal and disposal of household hazardous waste located at the household hazardous waste storage or processing center under this section. (2) The amount of financial assurance required under this section shall be equal to or greater than one hundred fifty percent (150%) of a third party's cost of disposal of the maximum permitted amount of household hazardous waste at a facility permitted under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., for the treatment, storage, and disposal of hazardous waste. (3) A detailed disposal estimate under this section shall be prepared by an independent professional consultant. (c) The permittee or applicant shall demonstrate financial ability to ensure proper removal and disposal of the household hazardous waste at its household hazardous waste storage or processing center by: (1) Obtaining insurance that specifically covers the costs of disposal as required by this section; (2) Obtaining a letter of credit; (3) Obtaining a bond or other surety instrument; (4) Creating a trust fund or escrow account; (5) Combining any of the instruments in subdivisions (c)(1)-(4) of this section; or (6) Any other financial instrument approved by the Director of the Division of Environmental Quality. (d) A financial instrument required by this section shall: (1) Be posted to the benefit of the division; (2) Provide that the financial instrument cannot be cancelled without sixty (60) days' prior written notice addressed to the division's legal division chief as evidenced by a signed, certified mail with a return receipt request; and (3) Be reviewed by the division upon receipt of the cancellation notice to determine whether the division should initiate procedures to revoke or suspend the household hazardous waste storage or processing center's permit and whether the division should take possession of the funds guaranteed by the financial assurance mechanism. (e) Before the division may release a financial assurance mechanism, the division shall inspect the household hazardous waste storage or processing center to determine to the division's satisfaction that no household hazardous waste is located at the household hazardous waste storage or processing center. (f) The division is not responsible for the removal or disposal of household hazardous waste regulated under this section. (g) Before an application for a permit is submitted to the division, a household hazardous waste storage or processing center shall apply for a certificate of need from the regional solid waste management board that has jurisdiction over the proposed site and shall follow the procedures and rules established under § 8-6-708 . (h) A household hazardous waste storage or processing center shall submit a permit application to the division within ninety (90) days of the approval of the certificate of need. (i) If a certificate of need is not approved under subsection (g) of this section or a final determination is made by the division denying the permit application, the household hazardous waste storage or processing center shall cease all collection, storage, or processing activity and properly dispose of or recycle all materials within ninety (90) days. (j) A household hazardous waste storage or processing center that is operating before July 27, 2011, is exempt from obtaining a certificate of need under subsection (g) of this section. (k) A permit under this section is not required for recyclable materials collection centers or systems that are provided by a city, county, solid waste district, or regional solid waste management district that stores household hazardous waste in quantities of less than one hundred ten gallons (110 gal.) of each household hazardous waste, not to exceed an accumulated waste amount of five thousand gallons (5,000 gal.) of liquid waste or ten thousand pounds (10,000 lbs.) of nonliquid waste. Amended by Act 2019, No. 910,§ 2616, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2615, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2614, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2613, eff. 7/1/2019. Acts 2011, No. 1153, § 2.

(a) It is unlawful for a person to own or operate a household hazardous waste storage or processing center, as defined in § 8-6-203 , without first obtaining from the Division of Environmental Quality a transfer station permit or another permit that the division deems appropriate and that meets the requirements of this section.

(b) (1) The division shall not issue, modify, or renew a permit for a household hazardous waste storage or processing center regulated under this section without the permit applicant's first demonstrating to the division's satisfaction the applicant's financial ability to ensure proper removal and disposal of household hazardous waste located at the household hazardous waste storage or processing center under this section. (2) The amount of financial assurance required under this section shall be equal to or greater than one hundred fifty percent (150%) of a third party's cost of disposal of the maximum permitted amount of household hazardous waste at a facility permitted under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., for the treatment, storage, and disposal of hazardous waste. (3) A detailed disposal estimate under this section shall be prepared by an independent professional consultant.

(1) The division shall not issue, modify, or renew a permit for a household hazardous waste storage or processing center regulated under this section without the permit applicant's first demonstrating to the division's satisfaction the applicant's financial ability to ensure proper removal and disposal of household hazardous waste located at the household hazardous waste storage or processing center under this section.

(2) The amount of financial assurance required under this section shall be equal to or greater than one hundred fifty percent (150%) of a third party's cost of disposal of the maximum permitted amount of household hazardous waste at a facility permitted under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., for the treatment, storage, and disposal of hazardous waste.

(3) A detailed disposal estimate under this section shall be prepared by an independent professional consultant.

(c) The permittee or applicant shall demonstrate financial ability to ensure proper removal and disposal of the household hazardous waste at its household hazardous waste storage or processing center by: (1) Obtaining insurance that specifically covers the costs of disposal as required by this section; (2) Obtaining a letter of credit; (3) Obtaining a bond or other surety instrument; (4) Creating a trust fund or escrow account; (5) Combining any of the instruments in subdivisions (c)(1)-(4) of this section; or (6) Any other financial instrument approved by the Director of the Division of Environmental Quality.

(1) Obtaining insurance that specifically covers the costs of disposal as required by this section;

(2) Obtaining a letter of credit;

(3) Obtaining a bond or other surety instrument;

(4) Creating a trust fund or escrow account;

(5) Combining any of the instruments in subdivisions (c)(1)-(4) of this section; or

(6) Any other financial instrument approved by the Director of the Division of Environmental Quality.

(d) A financial instrument required by this section shall: (1) Be posted to the benefit of the division; (2) Provide that the financial instrument cannot be cancelled without sixty (60) days' prior written notice addressed to the division's legal division chief as evidenced by a signed, certified mail with a return receipt request; and (3) Be reviewed by the division upon receipt of the cancellation notice to determine whether the division should initiate procedures to revoke or suspend the household hazardous waste storage or processing center's permit and whether the division should take possession of the funds guaranteed by the financial assurance mechanism.

(1) Be posted to the benefit of the division;

(2) Provide that the financial instrument cannot be cancelled without sixty (60) days' prior written notice addressed to the division's legal division chief as evidenced by a signed, certified mail with a return receipt request; and

(3) Be reviewed by the division upon receipt of the cancellation notice to determine whether the division should initiate procedures to revoke or suspend the household hazardous waste storage or processing center's permit and whether the division should take possession of the funds guaranteed by the financial assurance mechanism.

(e) Before the division may release a financial assurance mechanism, the division shall inspect the household hazardous waste storage or processing center to determine to the division's satisfaction that no household hazardous waste is located at the household hazardous waste storage or processing center.

(f) The division is not responsible for the removal or disposal of household hazardous waste regulated under this section.

(g) Before an application for a permit is submitted to the division, a household hazardous waste storage or processing center shall apply for a certificate of need from the regional solid waste management board that has jurisdiction over the proposed site and shall follow the procedures and rules established under § 8-6-708 .

(h) A household hazardous waste storage or processing center shall submit a permit application to the division within ninety (90) days of the approval of the certificate of need.

(i) If a certificate of need is not approved under subsection (g) of this section or a final determination is made by the division denying the permit application, the household hazardous waste storage or processing center shall cease all collection, storage, or processing activity and properly dispose of or recycle all materials within ninety (90) days.

(j) A household hazardous waste storage or processing center that is operating before July 27, 2011, is exempt from obtaining a certificate of need under subsection (g) of this section.

(k) A permit under this section is not required for recyclable materials collection centers or systems that are provided by a city, county, solid waste district, or regional solid waste management district that stores household hazardous waste in quantities of less than one hundred ten gallons (110 gal.) of each household hazardous waste, not to exceed an accumulated waste amount of five thousand gallons (5,000 gal.) of liquid waste or ten thousand pounds (10,000 lbs.) of nonliquid waste.

Amended by Act 2019, No. 910,§ 2616, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2615, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2614, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2613, eff. 7/1/2019.

Acts 2011, No. 1153, § 2.
Ark. Code Ann. § 8-5-806 — AR Code / Title 8 / Chapter 5 / Subchapter 8 / Section 8-5-806
Terms of the revolving loan
Status: in_force

(a) (1) The maximum loan amount shall be: (A) Forty-five thousand dollars ($45,000) per mandated pollution control project; (B) Forty-five thousand dollars ($45,000) per pollution prevention project; and (C) Forty-five thousand dollars ($45,000) per waste reduction project. (2) The maximum allowable amount to be loaned shall not exceed sixty-five thousand dollars ($65,000) per individual applicant. (b) The maximum term of the loan shall be ten (10) years per mandated pollution control project and ten (10) years per pollution prevention or waste reduction project. (c) The interest rate shall be: (1) Established by the Division of Environmental Quality at or below market rate; and (2) Fixed for the term of each loan at the rate that is in effect when the loan application is received or when the loan is closed, whichever is lower. (d) (1) The borrower shall be required to make level monthly amortizing payments to retire the debt by the end of the loan term. (2) Loan principal may be repaid in part or in full at any time without penalty. (e) (1) The division may: (A) Make secured or unsecured loans with a promissory note; (B) Collect interest on any loans issued; and (C) Assess penalties on late loan payments. (2) Loans issued under this subchapter may contain an acceleration clause. (f) The division may bring any lawful action to recover any loan that is in default. Amended by Act 2019, No. 910,§ 2579, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2578, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2577, eff. 7/1/2019. Acts 1997, No. 691, § 1; 1999, No. 1164, § 56; 2001, No. 213, § 4; 2005, No. 1254, § 3.

(a) (1) The maximum loan amount shall be: (A) Forty-five thousand dollars ($45,000) per mandated pollution control project; (B) Forty-five thousand dollars ($45,000) per pollution prevention project; and (C) Forty-five thousand dollars ($45,000) per waste reduction project. (2) The maximum allowable amount to be loaned shall not exceed sixty-five thousand dollars ($65,000) per individual applicant.

(1) The maximum loan amount shall be: (A) Forty-five thousand dollars ($45,000) per mandated pollution control project; (B) Forty-five thousand dollars ($45,000) per pollution prevention project; and (C) Forty-five thousand dollars ($45,000) per waste reduction project.

(A) Forty-five thousand dollars ($45,000) per mandated pollution control project;

(B) Forty-five thousand dollars ($45,000) per pollution prevention project; and

(C) Forty-five thousand dollars ($45,000) per waste reduction project.

(2) The maximum allowable amount to be loaned shall not exceed sixty-five thousand dollars ($65,000) per individual applicant.

(b) The maximum term of the loan shall be ten (10) years per mandated pollution control project and ten (10) years per pollution prevention or waste reduction project.

(c) The interest rate shall be: (1) Established by the Division of Environmental Quality at or below market rate; and (2) Fixed for the term of each loan at the rate that is in effect when the loan application is received or when the loan is closed, whichever is lower.

(1) Established by the Division of Environmental Quality at or below market rate; and

(2) Fixed for the term of each loan at the rate that is in effect when the loan application is received or when the loan is closed, whichever is lower.

(d) (1) The borrower shall be required to make level monthly amortizing payments to retire the debt by the end of the loan term. (2) Loan principal may be repaid in part or in full at any time without penalty.

(1) The borrower shall be required to make level monthly amortizing payments to retire the debt by the end of the loan term.

(2) Loan principal may be repaid in part or in full at any time without penalty.

(e) (1) The division may: (A) Make secured or unsecured loans with a promissory note; (B) Collect interest on any loans issued; and (C) Assess penalties on late loan payments. (2) Loans issued under this subchapter may contain an acceleration clause.

(1) The division may: (A) Make secured or unsecured loans with a promissory note; (B) Collect interest on any loans issued; and (C) Assess penalties on late loan payments.

(A) Make secured or unsecured loans with a promissory note;

(B) Collect interest on any loans issued; and

(C) Assess penalties on late loan payments.

(2) Loans issued under this subchapter may contain an acceleration clause.

(f) The division may bring any lawful action to recover any loan that is in default.

Amended by Act 2019, No. 910,§ 2579, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2578, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2577, eff. 7/1/2019.

Acts 1997, No. 691, § 1; 1999, No. 1164, § 56; 2001, No. 213, § 4; 2005, No. 1254, § 3.
Ark. Code Ann. § 8-7-509 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-509
Hazardous Substance Remedial Action Trust Fund
Status: in_force

(a) The Hazardous Substance Remedial Action Trust Fund is created. (b) The Hazardous Substance Remedial Action Trust Fund will be administered by the Director of the Division of Environmental Quality, who shall authorize expenditures from the Hazardous Substance Remedial Action Trust Fund. (c) (1) The Hazardous Substance Remedial Action Trust Fund shall consist of all moneys received as penalties under §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-313 , 8-6-201 - 8-6-214 , 8-7-201 - 8-7-226 , 8-7-504 , and § 20-27-1001 et seq. (2) In addition to all moneys appropriated by the General Assembly to the Hazardous Substance Remedial Action Trust Fund, there shall be deposited into the Hazardous Substance Remedial Action Trust Fund: (A) Any moneys received by the state as a gift or donation to the Hazardous Substance Remedial Action Trust Fund; (B) All interest earned upon moneys deposited into the Hazardous Substance Remedial Action Trust Fund; (C) All fees assessed under § 8-7-518 ; (D) All punitive damages collected pursuant to § 8-7-517 ; and (E) Any other moneys legally designated for the Hazardous Substance Remedial Action Trust Fund. (3) In addition, there is authorized to be deposited into the Hazardous Substance Remedial Action Trust Fund all moneys recovered pursuant to § 8-7-514 and all moneys received as penalties pursuant to § 8-7-504 . (d) (1) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 1991, shall be deposited into the Environmental Education Fund. Total deposit of funds shall not exceed two hundred seventy-five thousand dollars ($275,000) per fiscal year. (2) (A) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 2017, may be used for conducting site assessments of potentially contaminated sites when a letter of intent has been signed and available federal funds are exhausted in accordance with § 8-7-1101 et seq. (B) This amount shall not exceed five hundred thousand dollars ($500,000) per fiscal year. (3) The remaining moneys in the Hazardous Substance Remedial Action Trust Fund may be expended by the director as authorized by this subsection and subsection (e) of this section: (A) For the costs and expenses reasonably necessary for the administration of this subchapter by the Division of Environmental Quality; (B) For the state share mandated by § 104(c)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9604(c)(3) ; and (C) To provide for the investigation, identification, assessment, containment, abatement, treatment, or control, including monitoring and maintenance, of hazardous substance sites within the state. The director may enter into the contracts and use the funds for those purposes directly associated with identification, investigation, containment, abatement, treatment, or control, including monitoring and maintenance, prescribed above, including: (i) Hiring of personnel; (ii) Purchasing, leasing, or renting of equipment; and (iii) Other necessary expenses related to the operation and implementation of this subchapter. (e) The moneys in the Hazardous Substance Remedial Action Trust Fund may be expended by the director for removal actions, including: (1) The purchase of any commodities or services necessary in taking removal actions in connection with a release or threatened release; and (2) Reimbursement of all costs incurred by the division in taking removal actions in connection with a release or threatened release. (f) (1) No expenditures from the Hazardous Substance Remedial Action Trust Fund, as authorized by subdivisions (d)(3)(B) and (C) of this section, shall be made prior to the approval by the Arkansas Pollution Control and Ecology Commission of a prioritized listing of hazardous substance sites at which remedial actions are authorized through the use of Hazardous Substance Remedial Action Trust Fund moneys. This listing shall be revised annually by the division and submitted to the commission for approval after public notice and opportunity for hearing. (2) Upon a showing that a release of a hazardous substance at a hazardous substance site exists and will continue without expeditious remedial action, the commission may list the hazardous substance site on the prioritized listing pursuant to the procedures set out in § 8-4-202(e) prior to public notice and thereby authorize the director to expend funds pursuant to subdivision (d)(3)(C) of this section. Such an emergency listing need not be supported by a factual showing of irreparable harm or imminent and substantial endangerment. (g) (1) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601 , grants to the state under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act, Pub. L. No. 96-510, as each may be amended from time to time, and otherwise from the United States Environmental Protection Agency received by the Treasurer of State from the United States Government are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq. (2) When received by the Treasurer of State, the cash funds shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions. (3) The Treasurer of State shall pay the cash funds to the Arkansas Development Finance Authority for deposit into the Brownfield Revolving Loan Fund established pursuant to the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq., to be used for the purposes authorized by this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq. (4) Such federal grants transferred directly to the authority are declared to be cash funds restricted in their use and dedicated and to be used solely as authorized in this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq. Amended by Act 2019, No. 693,§ 20, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2761, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2760, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2759, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2758, eff. 7/1/2019. Amended by Act 2017, No. 1073,§ 3, eff. 8/1/2017. Acts 1985, No. 479, §§ 4, 5; A.S.A. 1947, §§ 82-4715, 82-4716; Acts 1991, No. 746, § 2; 1991, No. 786, § 9; 1997, No. 1042, §§ 4, 5; 1999, No. 45, § 1; 2005, No. 1824, § 10; 2011, No. 1011, § 3.

(a) The Hazardous Substance Remedial Action Trust Fund is created.

(b) The Hazardous Substance Remedial Action Trust Fund will be administered by the Director of the Division of Environmental Quality, who shall authorize expenditures from the Hazardous Substance Remedial Action Trust Fund.

(c) (1) The Hazardous Substance Remedial Action Trust Fund shall consist of all moneys received as penalties under §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-313 , 8-6-201 - 8-6-214 , 8-7-201 - 8-7-226 , 8-7-504 , and § 20-27-1001 et seq. (2) In addition to all moneys appropriated by the General Assembly to the Hazardous Substance Remedial Action Trust Fund, there shall be deposited into the Hazardous Substance Remedial Action Trust Fund: (A) Any moneys received by the state as a gift or donation to the Hazardous Substance Remedial Action Trust Fund; (B) All interest earned upon moneys deposited into the Hazardous Substance Remedial Action Trust Fund; (C) All fees assessed under § 8-7-518 ; (D) All punitive damages collected pursuant to § 8-7-517 ; and (E) Any other moneys legally designated for the Hazardous Substance Remedial Action Trust Fund. (3) In addition, there is authorized to be deposited into the Hazardous Substance Remedial Action Trust Fund all moneys recovered pursuant to § 8-7-514 and all moneys received as penalties pursuant to § 8-7-504 .

(1) The Hazardous Substance Remedial Action Trust Fund shall consist of all moneys received as penalties under §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-313 , 8-6-201 - 8-6-214 , 8-7-201 - 8-7-226 , 8-7-504 , and § 20-27-1001 et seq.

(2) In addition to all moneys appropriated by the General Assembly to the Hazardous Substance Remedial Action Trust Fund, there shall be deposited into the Hazardous Substance Remedial Action Trust Fund: (A) Any moneys received by the state as a gift or donation to the Hazardous Substance Remedial Action Trust Fund; (B) All interest earned upon moneys deposited into the Hazardous Substance Remedial Action Trust Fund; (C) All fees assessed under § 8-7-518 ; (D) All punitive damages collected pursuant to § 8-7-517 ; and (E) Any other moneys legally designated for the Hazardous Substance Remedial Action Trust Fund.

(A) Any moneys received by the state as a gift or donation to the Hazardous Substance Remedial Action Trust Fund;

(B) All interest earned upon moneys deposited into the Hazardous Substance Remedial Action Trust Fund;

(C) All fees assessed under § 8-7-518 ;

(D) All punitive damages collected pursuant to § 8-7-517 ; and

(E) Any other moneys legally designated for the Hazardous Substance Remedial Action Trust Fund.

(3) In addition, there is authorized to be deposited into the Hazardous Substance Remedial Action Trust Fund all moneys recovered pursuant to § 8-7-514 and all moneys received as penalties pursuant to § 8-7-504 .

(d) (1) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 1991, shall be deposited into the Environmental Education Fund. Total deposit of funds shall not exceed two hundred seventy-five thousand dollars ($275,000) per fiscal year. (2) (A) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 2017, may be used for conducting site assessments of potentially contaminated sites when a letter of intent has been signed and available federal funds are exhausted in accordance with § 8-7-1101 et seq. (B) This amount shall not exceed five hundred thousand dollars ($500,000) per fiscal year. (3) The remaining moneys in the Hazardous Substance Remedial Action Trust Fund may be expended by the director as authorized by this subsection and subsection (e) of this section: (A) For the costs and expenses reasonably necessary for the administration of this subchapter by the Division of Environmental Quality; (B) For the state share mandated by § 104(c)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9604(c)(3) ; and (C) To provide for the investigation, identification, assessment, containment, abatement, treatment, or control, including monitoring and maintenance, of hazardous substance sites within the state. The director may enter into the contracts and use the funds for those purposes directly associated with identification, investigation, containment, abatement, treatment, or control, including monitoring and maintenance, prescribed above, including: (i) Hiring of personnel; (ii) Purchasing, leasing, or renting of equipment; and (iii) Other necessary expenses related to the operation and implementation of this subchapter.

(1) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 1991, shall be deposited into the Environmental Education Fund. Total deposit of funds shall not exceed two hundred seventy-five thousand dollars ($275,000) per fiscal year.

(2) (A) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 2017, may be used for conducting site assessments of potentially contaminated sites when a letter of intent has been signed and available federal funds are exhausted in accordance with § 8-7-1101 et seq. (B) This amount shall not exceed five hundred thousand dollars ($500,000) per fiscal year.

(A) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 2017, may be used for conducting site assessments of potentially contaminated sites when a letter of intent has been signed and available federal funds are exhausted in accordance with § 8-7-1101 et seq.

(B) This amount shall not exceed five hundred thousand dollars ($500,000) per fiscal year.

(3) The remaining moneys in the Hazardous Substance Remedial Action Trust Fund may be expended by the director as authorized by this subsection and subsection (e) of this section: (A) For the costs and expenses reasonably necessary for the administration of this subchapter by the Division of Environmental Quality; (B) For the state share mandated by § 104(c)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9604(c)(3) ; and (C) To provide for the investigation, identification, assessment, containment, abatement, treatment, or control, including monitoring and maintenance, of hazardous substance sites within the state. The director may enter into the contracts and use the funds for those purposes directly associated with identification, investigation, containment, abatement, treatment, or control, including monitoring and maintenance, prescribed above, including: (i) Hiring of personnel; (ii) Purchasing, leasing, or renting of equipment; and (iii) Other necessary expenses related to the operation and implementation of this subchapter.

(A) For the costs and expenses reasonably necessary for the administration of this subchapter by the Division of Environmental Quality;

(B) For the state share mandated by § 104(c)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9604(c)(3) ; and

(C) To provide for the investigation, identification, assessment, containment, abatement, treatment, or control, including monitoring and maintenance, of hazardous substance sites within the state. The director may enter into the contracts and use the funds for those purposes directly associated with identification, investigation, containment, abatement, treatment, or control, including monitoring and maintenance, prescribed above, including: (i) Hiring of personnel; (ii) Purchasing, leasing, or renting of equipment; and (iii) Other necessary expenses related to the operation and implementation of this subchapter.

(i) Hiring of personnel;

(ii) Purchasing, leasing, or renting of equipment; and

(iii) Other necessary expenses related to the operation and implementation of this subchapter.

(e) The moneys in the Hazardous Substance Remedial Action Trust Fund may be expended by the director for removal actions, including: (1) The purchase of any commodities or services necessary in taking removal actions in connection with a release or threatened release; and (2) Reimbursement of all costs incurred by the division in taking removal actions in connection with a release or threatened release.

(1) The purchase of any commodities or services necessary in taking removal actions in connection with a release or threatened release; and

(2) Reimbursement of all costs incurred by the division in taking removal actions in connection with a release or threatened release.

(f) (1) No expenditures from the Hazardous Substance Remedial Action Trust Fund, as authorized by subdivisions (d)(3)(B) and (C) of this section, shall be made prior to the approval by the Arkansas Pollution Control and Ecology Commission of a prioritized listing of hazardous substance sites at which remedial actions are authorized through the use of Hazardous Substance Remedial Action Trust Fund moneys. This listing shall be revised annually by the division and submitted to the commission for approval after public notice and opportunity for hearing. (2) Upon a showing that a release of a hazardous substance at a hazardous substance site exists and will continue without expeditious remedial action, the commission may list the hazardous substance site on the prioritized listing pursuant to the procedures set out in § 8-4-202(e) prior to public notice and thereby authorize the director to expend funds pursuant to subdivision (d)(3)(C) of this section. Such an emergency listing need not be supported by a factual showing of irreparable harm or imminent and substantial endangerment.

(1) No expenditures from the Hazardous Substance Remedial Action Trust Fund, as authorized by subdivisions (d)(3)(B) and (C) of this section, shall be made prior to the approval by the Arkansas Pollution Control and Ecology Commission of a prioritized listing of hazardous substance sites at which remedial actions are authorized through the use of Hazardous Substance Remedial Action Trust Fund moneys. This listing shall be revised annually by the division and submitted to the commission for approval after public notice and opportunity for hearing.

(2) Upon a showing that a release of a hazardous substance at a hazardous substance site exists and will continue without expeditious remedial action, the commission may list the hazardous substance site on the prioritized listing pursuant to the procedures set out in § 8-4-202(e) prior to public notice and thereby authorize the director to expend funds pursuant to subdivision (d)(3)(C) of this section. Such an emergency listing need not be supported by a factual showing of irreparable harm or imminent and substantial endangerment.

(g) (1) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601 , grants to the state under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act, Pub. L. No. 96-510, as each may be amended from time to time, and otherwise from the United States Environmental Protection Agency received by the Treasurer of State from the United States Government are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq. (2) When received by the Treasurer of State, the cash funds shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions. (3) The Treasurer of State shall pay the cash funds to the Arkansas Development Finance Authority for deposit into the Brownfield Revolving Loan Fund established pursuant to the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq., to be used for the purposes authorized by this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq. (4) Such federal grants transferred directly to the authority are declared to be cash funds restricted in their use and dedicated and to be used solely as authorized in this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq.

(1) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601 , grants to the state under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act, Pub. L. No. 96-510, as each may be amended from time to time, and otherwise from the United States Environmental Protection Agency received by the Treasurer of State from the United States Government are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq.

(2) When received by the Treasurer of State, the cash funds shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions.

(3) The Treasurer of State shall pay the cash funds to the Arkansas Development Finance Authority for deposit into the Brownfield Revolving Loan Fund established pursuant to the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq., to be used for the purposes authorized by this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq.

(4) Such federal grants transferred directly to the authority are declared to be cash funds restricted in their use and dedicated and to be used solely as authorized in this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq.

Amended by Act 2019, No. 693,§ 20, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2761, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2760, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2759, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2758, eff. 7/1/2019.

Amended by Act 2017, No. 1073,§ 3, eff. 8/1/2017.

Acts 1985, No. 479, §§ 4, 5; A.S.A. 1947, §§ 82-4715, 82-4716; Acts 1991, No. 746, § 2; 1991, No. 786, § 9; 1997, No. 1042, §§ 4, 5; 1999, No. 45, § 1; 2005, No. 1824, § 10; 2011, No. 1011, § 3.
Ark. Code Ann. § 8-6-1903 — AR Code / Title 8 / Chapter 6 / Subchapter 19 / Section 8-6-1903
Definitions
Status: in_force

As used in this subchapter: (1) "Board" or "regional board" means a regional solid waste management board established pursuant to § 8-6-701 et seq.; and (2) "Commission" means the Arkansas Pollution Control and Ecology Commission. Amended by Act 2019, No. 910,§ 2704, eff. 7/1/2019. Acts 2001, No. 1376, § 1.

As used in this subchapter:

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

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

Amended by Act 2019, No. 910,§ 2704, eff. 7/1/2019.

Acts 2001, No. 1376, § 1.
Ark. Code Ann. § 8-1-307 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-307
Disclosure in civil or administrative proceeding
Status: in_force

(a) In a civil or administrative proceeding, a court of record or administrative tribunal, after an in-camera review, shall require disclosure of material for which the privilege described in § 8-1-303 is asserted if the court or administrative tribunal determines one (1) of the following: (1) The privilege is asserted for a fraudulent purpose; (2) The material is not subject to the privilege; (3) The material is subject to the privilege and the material shows evidence of noncompliance with: (A) Federal or state law or extensions of such statutes; (B) Any rule adopted by the Arkansas Pollution Control and Ecology Commission; or (C) A determination, permit, or order issued by the commission or the Director of the Division of Environmental Quality; and (4) The person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence. (b) (1) If the noncompliance described in subdivision (a)(3) of this section constitutes a failure to obtain a required permit, the person is deemed to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance. (2) (A) In the event additional time is required to prepare a permit application, the person shall, within ninety (90) days, submit a schedule to the Division of Environmental Quality that identifies the activities required to complete the application, and, if the schedule is acceptable to the division, the filing of the application pursuant to the submitted schedule shall constitute reasonable diligence to achieve compliance for a failure to obtain a required permit. (B) Nothing in this section authorizes a facility to operate without the proper permit having been issued. Amended by Act 2019, No. 315,§ 441, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2439, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2438, eff. 7/1/2019. Acts 1995, No. 350, § 1; 1999, No. 871, § 3; 1999, No. 1164, § 12.

(a) In a civil or administrative proceeding, a court of record or administrative tribunal, after an in-camera review, shall require disclosure of material for which the privilege described in § 8-1-303 is asserted if the court or administrative tribunal determines one (1) of the following: (1) The privilege is asserted for a fraudulent purpose; (2) The material is not subject to the privilege; (3) The material is subject to the privilege and the material shows evidence of noncompliance with: (A) Federal or state law or extensions of such statutes; (B) Any rule adopted by the Arkansas Pollution Control and Ecology Commission; or (C) A determination, permit, or order issued by the commission or the Director of the Division of Environmental Quality; and (4) The person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence.

(1) The privilege is asserted for a fraudulent purpose;

(2) The material is not subject to the privilege;

(3) The material is subject to the privilege and the material shows evidence of noncompliance with: (A) Federal or state law or extensions of such statutes; (B) Any rule adopted by the Arkansas Pollution Control and Ecology Commission; or (C) A determination, permit, or order issued by the commission or the Director of the Division of Environmental Quality; and

(A) Federal or state law or extensions of such statutes;

(B) Any rule adopted by the Arkansas Pollution Control and Ecology Commission; or

(C) A determination, permit, or order issued by the commission or the Director of the Division of Environmental Quality; and

(4) The person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence.

(b) (1) If the noncompliance described in subdivision (a)(3) of this section constitutes a failure to obtain a required permit, the person is deemed to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance. (2) (A) In the event additional time is required to prepare a permit application, the person shall, within ninety (90) days, submit a schedule to the Division of Environmental Quality that identifies the activities required to complete the application, and, if the schedule is acceptable to the division, the filing of the application pursuant to the submitted schedule shall constitute reasonable diligence to achieve compliance for a failure to obtain a required permit. (B) Nothing in this section authorizes a facility to operate without the proper permit having been issued.

(1) If the noncompliance described in subdivision (a)(3) of this section constitutes a failure to obtain a required permit, the person is deemed to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance.

(2) (A) In the event additional time is required to prepare a permit application, the person shall, within ninety (90) days, submit a schedule to the Division of Environmental Quality that identifies the activities required to complete the application, and, if the schedule is acceptable to the division, the filing of the application pursuant to the submitted schedule shall constitute reasonable diligence to achieve compliance for a failure to obtain a required permit. (B) Nothing in this section authorizes a facility to operate without the proper permit having been issued.

(A) In the event additional time is required to prepare a permit application, the person shall, within ninety (90) days, submit a schedule to the Division of Environmental Quality that identifies the activities required to complete the application, and, if the schedule is acceptable to the division, the filing of the application pursuant to the submitted schedule shall constitute reasonable diligence to achieve compliance for a failure to obtain a required permit.

(B) Nothing in this section authorizes a facility to operate without the proper permit having been issued.

Amended by Act 2019, No. 315,§ 441, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2439, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2438, eff. 7/1/2019.

Acts 1995, No. 350, § 1; 1999, No. 871, § 3; 1999, No. 1164, § 12.
Ark. Code Ann. § 8-6-412 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-412
Enforcement generally
Status: in_force

(a) All Arkansas-certified law enforcement officers: (1) Shall enforce this subchapter; (2) May issue citations to or arrest persons violating any provision of this subchapter; and (3) (A) May serve and execute all warrants, citations, and other process issued by the courts in enforcing this subchapter. (B) In addition, mailing by registered mail of the process to the person's last known place of residence shall be deemed as personal service upon the person charged. (b) (1) All certified law enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing this subchapter. (2) In addition, mailing by registered mail of the process to the person's last known place of residence shall be deemed as personal service upon the person charged. Amended by Act 2019, No. 1067,§ 4, eff. 5/1/2020. Acts 1977, No. 883, § 3; A.S.A. 1947, § 82-3903; Acts 1999, No. 386, § 1; 2005, No. 75, § 1; 2007, No. 377, § 1.

(a) All Arkansas-certified law enforcement officers: (1) Shall enforce this subchapter; (2) May issue citations to or arrest persons violating any provision of this subchapter; and (3) (A) May serve and execute all warrants, citations, and other process issued by the courts in enforcing this subchapter. (B) In addition, mailing by registered mail of the process to the person's last known place of residence shall be deemed as personal service upon the person charged.

(1) Shall enforce this subchapter;

(2) May issue citations to or arrest persons violating any provision of this subchapter; and

(3) (A) May serve and execute all warrants, citations, and other process issued by the courts in enforcing this subchapter. (B) In addition, mailing by registered mail of the process to the person's last known place of residence shall be deemed as personal service upon the person charged.

(A) May serve and execute all warrants, citations, and other process issued by the courts in enforcing this subchapter.

(B) In addition, mailing by registered mail of the process to the person's last known place of residence shall be deemed as personal service upon the person charged.

(b) (1) All certified law enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing this subchapter. (2) In addition, mailing by registered mail of the process to the person's last known place of residence shall be deemed as personal service upon the person charged.

(1) All certified law enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing this subchapter.

(2) In addition, mailing by registered mail of the process to the person's last known place of residence shall be deemed as personal service upon the person charged.

Amended by Act 2019, No. 1067,§ 4, eff. 5/1/2020.

Acts 1977, No. 883, § 3; A.S.A. 1947, § 82-3903; Acts 1999, No. 386, § 1; 2005, No. 75, § 1; 2007, No. 377, § 1.
Ark. Code Ann. § 8-10-203 — AR Code / Title 8 / Chapter 10 / Subchapter 2 / Section 8-10-203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Disposal" means the discharge, deposit, injection, dumping, spilling, leakage, or placing of any waste into or on any land or water in whatever manner so that such waste or any constituent thereof might enter the environment or be emitted into the air or discharged into any waters of the state, including groundwaters; (2) "Generation" means the act or process of producing waste materials; (3) "Generator" means any individual, business, government agency, or any other organization that generates waste; (4) "Hazardous waste" means hazardous waste as defined by the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and rules issued pursuant thereto; (5) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company, state agency, government instrumentality or agency, institution, or county, city, town, or municipal authority or trust, venture, or any other legal entity, however organized; (6) (A) "Pollution prevention" means any action taken by industry, government, or individual consumers to conserve natural resources while providing and using needed products in a manner which prevents or reduces the generation, disposal, or release of pollutants to the environment. (B) "Pollution prevention" does not include dewatering, dilution, or evaporation prior to handling, release, storage, treatment, or disposal of hazardous waste; and (7) "Source reduction" or "waste minimization" means the reduction or elimination of waste at the source, usually within a manufacturing process, including process modification, feed stock substitutions, improvement in feed stock purity, housekeeping and management practices, increases in the efficiency of machinery, on-site closed-loop recycling, or any other action which demonstrably reduces the amount and toxicity of the waste exiting the production process. Amended by Act 2019, No. 315,§ 695, eff. 7/24/2019. Acts 1993, No. 1273, § 1.

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

(1) "Disposal" means the discharge, deposit, injection, dumping, spilling, leakage, or placing of any waste into or on any land or water in whatever manner so that such waste or any constituent thereof might enter the environment or be emitted into the air or discharged into any waters of the state, including groundwaters;

(2) "Generation" means the act or process of producing waste materials;

(3) "Generator" means any individual, business, government agency, or any other organization that generates waste;

(4) "Hazardous waste" means hazardous waste as defined by the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and rules issued pursuant thereto;

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

(6) (A) "Pollution prevention" means any action taken by industry, government, or individual consumers to conserve natural resources while providing and using needed products in a manner which prevents or reduces the generation, disposal, or release of pollutants to the environment. (B) "Pollution prevention" does not include dewatering, dilution, or evaporation prior to handling, release, storage, treatment, or disposal of hazardous waste; and

(A) "Pollution prevention" means any action taken by industry, government, or individual consumers to conserve natural resources while providing and using needed products in a manner which prevents or reduces the generation, disposal, or release of pollutants to the environment.

(B) "Pollution prevention" does not include dewatering, dilution, or evaporation prior to handling, release, storage, treatment, or disposal of hazardous waste; and

(7) "Source reduction" or "waste minimization" means the reduction or elimination of waste at the source, usually within a manufacturing process, including process modification, feed stock substitutions, improvement in feed stock purity, housekeeping and management practices, increases in the efficiency of machinery, on-site closed-loop recycling, or any other action which demonstrably reduces the amount and toxicity of the waste exiting the production process.

Amended by Act 2019, No. 315,§ 695, eff. 7/24/2019.

Acts 1993, No. 1273, § 1.
Ark. Code Ann. § 8-7-1104 — AR Code / Title 8 / Chapter 7 / Subchapter 11 / Section 8-7-1104
Voluntary cleanup process
Status: in_force

(a) This section applies: (1) To a person who: (A) Is a prospective purchaser of an abandoned industrial, commercial, or agricultural property with known or suspected contamination; (B) Is a prospective purchaser of abandoned residential property; (C) Did not by act or omission cause or contribute to any release or threatened release of a hazardous substance on or from the identified abandoned site or is otherwise considered to be a responsible party pursuant to § 8-7-512(a)(2) -(4); and (D) Will reuse or redevelop the property for industrial, commercial, agricultural, or residential uses which will sustain or create employment opportunities or otherwise augment the local or state economy and tax base, or both; or (2) To a person who: (A) Is not a responsible party pursuant to § 8-7-512(a)(2) -(4); (B) Submits a letter of intent to participate; and (C) Subsequently acquires title to an abandoned site prior to completion of an implementing agreement as set forth in subsection (d) of this section. (b) A comprehensive site assessment shall be completed to establish the baseline of existing contamination on the site. (c) Following completion of a comprehensive site assessment, the Division of Environmental Quality shall determine whether the site assessment adequately identifies the environmental risks posed by the abandoned site. (d) (1) The division and the prospective purchaser shall enter into an implementing agreement based on the results of the comprehensive site assessment. (2) The implementing agreement shall establish cleanup liabilities and obligations for the abandoned site. (3) The prospective purchaser shall provide notice of the implementing agreement in a newspaper of general circulation that serves the area in which the abandoned site is located. (4) The notice shall be subject to the approval of the division. (5) The implementing agreement shall establish the intended use of the property. (6) The description of the intended use shall identify the abandoned site and the nature of the activity that the prospective purchaser proposes for the abandoned site. (e) Once the prospective purchaser has acquired legal title to the abandoned site, the purchaser will be responsible to: (1) (A) Remediate, remove and properly dispose of, or manage, consistent with applicable requirements, any containerized hazardous substances existing on site at the time of purchase, including drummed waste, lagoons, and impoundments and wastes in aboveground and underground tanks, which may pose a threat of release. (B) Wastes that are disposed or managed on site will remain subject to applicable requirements; (2) Take all necessary steps as appropriate to prevent migration of hazardous substances beyond the property boundary, considering the factors specified at subsection (h) of this section; and (3) Remedy any releases of hazardous substances as identified in the comprehensive site assessment required by subsection (b) of this section. (f) For purposes of subdivision (e)(3) of this section, releases of hazardous substances are those conditions which pose either: (1) (A) An unacceptable risk, either acute or chronic, to the health of employees or any other person likely to be exposed to the release from the abandoned site, based upon the intended site use described by the prospective purchaser in the comprehensive site assessment and described by the implementing agreement. (B) A purchaser may not actually use the property in a manner which differs from the intended use identified in the implementing agreement contemplated by subsection (d) of this section, unless the division and purchaser agree to a modification of the implementing agreement; or (2) An unacceptable risk to degrade either groundwaters or surface waters, or any risk to degrade the extraordinary resource waters of the State of Arkansas. (g) A remedial action pursuant to subdivision (e)(3) of this section shall eliminate unacceptable risks and prevent degradation of groundwaters and surface waters which would cause the unacceptable risk or degradation, or both, described in subdivision (f)(2) of this section. (h) (1) The selection of remedial action shall be approved by the division after reasonable notice and after opportunity for hearing and shall become an amendment to the implementing agreement entered into pursuant to subsection (d) of this section. (2) Selection of a remedial action shall include consideration of the following factors: (A) The intended and allowable use of the abandoned site; (B) The ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels considered to be an unacceptable health risk as described in subdivisions (f)(1) and (2) of this section; (C) Consideration of the potential environmental risks of proposed alternative remedial action and its technical feasibility, reliability, and cost effectiveness; (D) When an imminent and substantial endangerment is posed; and (E) Whether institutional or engineering controls eliminate or partially eliminate the imminent and substantial endangerment or otherwise contain or prevent migration. (3) Remedial actions pursuant to subdivision (e)(3) of this section are not required to provide for the removal or remediation of the conditions or contaminants causing a release or threatened release on the abandoned site if: (A) Contaminants pose no unacceptable risk as described in subdivisions (f)(1) and (2) of this section, or if the remedial actions proposed in the site assessment and intended uses of the abandoned site will eliminate unacceptable risks as described in subdivisions (f)(1) and (2) of this section; or (B) Activities required to allow the intended reuse or redevelopment of the abandoned site are in a manner which will protect public health and the environment as described in subdivisions (f)(1) and (2) of this section. (i) Nothing in this section shall relieve the prospective purchaser, after acquisition of legal title to the abandoned site, of any liability for contamination later caused by the purchaser. (j) A prospective purchaser of an abandoned site under this subchapter shall not be responsible for paying any fines or penalties levied against any person responsible for contamination on the abandoned site prior to the implementing agreement with the division. (k) (1) Once the prospective purchaser has acquired legal title to the abandoned site, the purchaser shall take all the steps necessary to prevent aggravating or contributing to the contamination of the air, land, or water, including downward migration of contamination from any existing contamination on the abandoned site. (2) The purchaser shall not use or redevelop the abandoned site in any way which is likely to interfere with subsequent remedial actions or in a manner that differs from the intended use established in the implementing agreement described in subsection (d) of this section. (l) A restriction shall be placed on the deed for the property covered by this subchapter, which restricts the use of the property to activities and compatible uses that will protect the integrity of any remedial action measures implemented on the property. (m) Upon written notice to the division, the implementing agreement, including all rights and cleanup liabilities entered into by the division and the prospective purchaser under subsection (d) of this section, is transferable in its entirety to all subsequent owners of the property who did not, by act or omission, cause or contribute to any release or threatened release of hazardous substances on the abandoned site. (n) Subsequent owners shall receive a copy of the implementing agreement from the prospective purchaser and shall not use the abandoned site in a manner which is inconsistent with the intended use described in the implementing agreement authorized by subsection (d) of this section. (o) (1) Within thirty (30) days of the date that the prospective purchaser acquires legal title to the abandoned site, the purchaser shall file a notice of the implementing agreement with the clerk of the circuit court in the county in which the abandoned site is located. (2) Notice of any subsequent amendments to the implementing agreement shall also be filed with the clerk of the circuit court within thirty (30) days after their effective dates. (3) The clerk of the circuit court shall docket and record the notice so that it appears in the purchaser's chain of title. Amended by Act 2019, No. 910,§ 2838, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2837, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2836, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2835, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2834, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2833, eff. 7/1/2019. Acts 1997, No. 1042, § 1; 2001, No. 164, § 3; 2005, No. 1164, § 4.

(a) This section applies: (1) To a person who: (A) Is a prospective purchaser of an abandoned industrial, commercial, or agricultural property with known or suspected contamination; (B) Is a prospective purchaser of abandoned residential property; (C) Did not by act or omission cause or contribute to any release or threatened release of a hazardous substance on or from the identified abandoned site or is otherwise considered to be a responsible party pursuant to § 8-7-512(a)(2) -(4); and (D) Will reuse or redevelop the property for industrial, commercial, agricultural, or residential uses which will sustain or create employment opportunities or otherwise augment the local or state economy and tax base, or both; or (2) To a person who: (A) Is not a responsible party pursuant to § 8-7-512(a)(2) -(4); (B) Submits a letter of intent to participate; and (C) Subsequently acquires title to an abandoned site prior to completion of an implementing agreement as set forth in subsection (d) of this section.

(1) To a person who: (A) Is a prospective purchaser of an abandoned industrial, commercial, or agricultural property with known or suspected contamination; (B) Is a prospective purchaser of abandoned residential property; (C) Did not by act or omission cause or contribute to any release or threatened release of a hazardous substance on or from the identified abandoned site or is otherwise considered to be a responsible party pursuant to § 8-7-512(a)(2) -(4); and (D) Will reuse or redevelop the property for industrial, commercial, agricultural, or residential uses which will sustain or create employment opportunities or otherwise augment the local or state economy and tax base, or both; or

(A) Is a prospective purchaser of an abandoned industrial, commercial, or agricultural property with known or suspected contamination;

(B) Is a prospective purchaser of abandoned residential property;

(C) Did not by act or omission cause or contribute to any release or threatened release of a hazardous substance on or from the identified abandoned site or is otherwise considered to be a responsible party pursuant to § 8-7-512(a)(2) -(4); and

(D) Will reuse or redevelop the property for industrial, commercial, agricultural, or residential uses which will sustain or create employment opportunities or otherwise augment the local or state economy and tax base, or both; or

(2) To a person who: (A) Is not a responsible party pursuant to § 8-7-512(a)(2) -(4); (B) Submits a letter of intent to participate; and (C) Subsequently acquires title to an abandoned site prior to completion of an implementing agreement as set forth in subsection (d) of this section.

(A) Is not a responsible party pursuant to § 8-7-512(a)(2) -(4);

(B) Submits a letter of intent to participate; and

(C) Subsequently acquires title to an abandoned site prior to completion of an implementing agreement as set forth in subsection (d) of this section.

(b) A comprehensive site assessment shall be completed to establish the baseline of existing contamination on the site.

(c) Following completion of a comprehensive site assessment, the Division of Environmental Quality shall determine whether the site assessment adequately identifies the environmental risks posed by the abandoned site.

(d) (1) The division and the prospective purchaser shall enter into an implementing agreement based on the results of the comprehensive site assessment. (2) The implementing agreement shall establish cleanup liabilities and obligations for the abandoned site. (3) The prospective purchaser shall provide notice of the implementing agreement in a newspaper of general circulation that serves the area in which the abandoned site is located. (4) The notice shall be subject to the approval of the division. (5) The implementing agreement shall establish the intended use of the property. (6) The description of the intended use shall identify the abandoned site and the nature of the activity that the prospective purchaser proposes for the abandoned site.

(1) The division and the prospective purchaser shall enter into an implementing agreement based on the results of the comprehensive site assessment.

(2) The implementing agreement shall establish cleanup liabilities and obligations for the abandoned site.

(3) The prospective purchaser shall provide notice of the implementing agreement in a newspaper of general circulation that serves the area in which the abandoned site is located.

(4) The notice shall be subject to the approval of the division.

(5) The implementing agreement shall establish the intended use of the property.

(6) The description of the intended use shall identify the abandoned site and the nature of the activity that the prospective purchaser proposes for the abandoned site.

(e) Once the prospective purchaser has acquired legal title to the abandoned site, the purchaser will be responsible to: (1) (A) Remediate, remove and properly dispose of, or manage, consistent with applicable requirements, any containerized hazardous substances existing on site at the time of purchase, including drummed waste, lagoons, and impoundments and wastes in aboveground and underground tanks, which may pose a threat of release. (B) Wastes that are disposed or managed on site will remain subject to applicable requirements; (2) Take all necessary steps as appropriate to prevent migration of hazardous substances beyond the property boundary, considering the factors specified at subsection (h) of this section; and (3) Remedy any releases of hazardous substances as identified in the comprehensive site assessment required by subsection (b) of this section.

(1) (A) Remediate, remove and properly dispose of, or manage, consistent with applicable requirements, any containerized hazardous substances existing on site at the time of purchase, including drummed waste, lagoons, and impoundments and wastes in aboveground and underground tanks, which may pose a threat of release. (B) Wastes that are disposed or managed on site will remain subject to applicable requirements;

(A) Remediate, remove and properly dispose of, or manage, consistent with applicable requirements, any containerized hazardous substances existing on site at the time of purchase, including drummed waste, lagoons, and impoundments and wastes in aboveground and underground tanks, which may pose a threat of release.

(B) Wastes that are disposed or managed on site will remain subject to applicable requirements;

(2) Take all necessary steps as appropriate to prevent migration of hazardous substances beyond the property boundary, considering the factors specified at subsection (h) of this section; and

(3) Remedy any releases of hazardous substances as identified in the comprehensive site assessment required by subsection (b) of this section.

(f) For purposes of subdivision (e)(3) of this section, releases of hazardous substances are those conditions which pose either: (1) (A) An unacceptable risk, either acute or chronic, to the health of employees or any other person likely to be exposed to the release from the abandoned site, based upon the intended site use described by the prospective purchaser in the comprehensive site assessment and described by the implementing agreement. (B) A purchaser may not actually use the property in a manner which differs from the intended use identified in the implementing agreement contemplated by subsection (d) of this section, unless the division and purchaser agree to a modification of the implementing agreement; or (2) An unacceptable risk to degrade either groundwaters or surface waters, or any risk to degrade the extraordinary resource waters of the State of Arkansas.

(1) (A) An unacceptable risk, either acute or chronic, to the health of employees or any other person likely to be exposed to the release from the abandoned site, based upon the intended site use described by the prospective purchaser in the comprehensive site assessment and described by the implementing agreement. (B) A purchaser may not actually use the property in a manner which differs from the intended use identified in the implementing agreement contemplated by subsection (d) of this section, unless the division and purchaser agree to a modification of the implementing agreement; or

(A) An unacceptable risk, either acute or chronic, to the health of employees or any other person likely to be exposed to the release from the abandoned site, based upon the intended site use described by the prospective purchaser in the comprehensive site assessment and described by the implementing agreement.

(B) A purchaser may not actually use the property in a manner which differs from the intended use identified in the implementing agreement contemplated by subsection (d) of this section, unless the division and purchaser agree to a modification of the implementing agreement; or

(2) An unacceptable risk to degrade either groundwaters or surface waters, or any risk to degrade the extraordinary resource waters of the State of Arkansas.

(g) A remedial action pursuant to subdivision (e)(3) of this section shall eliminate unacceptable risks and prevent degradation of groundwaters and surface waters which would cause the unacceptable risk or degradation, or both, described in subdivision (f)(2) of this section.

(h) (1) The selection of remedial action shall be approved by the division after reasonable notice and after opportunity for hearing and shall become an amendment to the implementing agreement entered into pursuant to subsection (d) of this section. (2) Selection of a remedial action shall include consideration of the following factors: (A) The intended and allowable use of the abandoned site; (B) The ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels considered to be an unacceptable health risk as described in subdivisions (f)(1) and (2) of this section; (C) Consideration of the potential environmental risks of proposed alternative remedial action and its technical feasibility, reliability, and cost effectiveness; (D) When an imminent and substantial endangerment is posed; and (E) Whether institutional or engineering controls eliminate or partially eliminate the imminent and substantial endangerment or otherwise contain or prevent migration. (3) Remedial actions pursuant to subdivision (e)(3) of this section are not required to provide for the removal or remediation of the conditions or contaminants causing a release or threatened release on the abandoned site if: (A) Contaminants pose no unacceptable risk as described in subdivisions (f)(1) and (2) of this section, or if the remedial actions proposed in the site assessment and intended uses of the abandoned site will eliminate unacceptable risks as described in subdivisions (f)(1) and (2) of this section; or (B) Activities required to allow the intended reuse or redevelopment of the abandoned site are in a manner which will protect public health and the environment as described in subdivisions (f)(1) and (2) of this section.

(1) The selection of remedial action shall be approved by the division after reasonable notice and after opportunity for hearing and shall become an amendment to the implementing agreement entered into pursuant to subsection (d) of this section.

(2) Selection of a remedial action shall include consideration of the following factors: (A) The intended and allowable use of the abandoned site; (B) The ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels considered to be an unacceptable health risk as described in subdivisions (f)(1) and (2) of this section; (C) Consideration of the potential environmental risks of proposed alternative remedial action and its technical feasibility, reliability, and cost effectiveness; (D) When an imminent and substantial endangerment is posed; and (E) Whether institutional or engineering controls eliminate or partially eliminate the imminent and substantial endangerment or otherwise contain or prevent migration.

(A) The intended and allowable use of the abandoned site;

(B) The ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels considered to be an unacceptable health risk as described in subdivisions (f)(1) and (2) of this section;

(C) Consideration of the potential environmental risks of proposed alternative remedial action and its technical feasibility, reliability, and cost effectiveness;

(D) When an imminent and substantial endangerment is posed; and

(E) Whether institutional or engineering controls eliminate or partially eliminate the imminent and substantial endangerment or otherwise contain or prevent migration.

(3) Remedial actions pursuant to subdivision (e)(3) of this section are not required to provide for the removal or remediation of the conditions or contaminants causing a release or threatened release on the abandoned site if: (A) Contaminants pose no unacceptable risk as described in subdivisions (f)(1) and (2) of this section, or if the remedial actions proposed in the site assessment and intended uses of the abandoned site will eliminate unacceptable risks as described in subdivisions (f)(1) and (2) of this section; or (B) Activities required to allow the intended reuse or redevelopment of the abandoned site are in a manner which will protect public health and the environment as described in subdivisions (f)(1) and (2) of this section.

(A) Contaminants pose no unacceptable risk as described in subdivisions (f)(1) and (2) of this section, or if the remedial actions proposed in the site assessment and intended uses of the abandoned site will eliminate unacceptable risks as described in subdivisions (f)(1) and (2) of this section; or

(B) Activities required to allow the intended reuse or redevelopment of the abandoned site are in a manner which will protect public health and the environment as described in subdivisions (f)(1) and (2) of this section.

(i) Nothing in this section shall relieve the prospective purchaser, after acquisition of legal title to the abandoned site, of any liability for contamination later caused by the purchaser.

(j) A prospective purchaser of an abandoned site under this subchapter shall not be responsible for paying any fines or penalties levied against any person responsible for contamination on the abandoned site prior to the implementing agreement with the division.

(k) (1) Once the prospective purchaser has acquired legal title to the abandoned site, the purchaser shall take all the steps necessary to prevent aggravating or contributing to the contamination of the air, land, or water, including downward migration of contamination from any existing contamination on the abandoned site. (2) The purchaser shall not use or redevelop the abandoned site in any way which is likely to interfere with subsequent remedial actions or in a manner that differs from the intended use established in the implementing agreement described in subsection (d) of this section.

(1) Once the prospective purchaser has acquired legal title to the abandoned site, the purchaser shall take all the steps necessary to prevent aggravating or contributing to the contamination of the air, land, or water, including downward migration of contamination from any existing contamination on the abandoned site.

(2) The purchaser shall not use or redevelop the abandoned site in any way which is likely to interfere with subsequent remedial actions or in a manner that differs from the intended use established in the implementing agreement described in subsection (d) of this section.

(l) A restriction shall be placed on the deed for the property covered by this subchapter, which restricts the use of the property to activities and compatible uses that will protect the integrity of any remedial action measures implemented on the property.

(m) Upon written notice to the division, the implementing agreement, including all rights and cleanup liabilities entered into by the division and the prospective purchaser under subsection (d) of this section, is transferable in its entirety to all subsequent owners of the property who did not, by act or omission, cause or contribute to any release or threatened release of hazardous substances on the abandoned site.

(n) Subsequent owners shall receive a copy of the implementing agreement from the prospective purchaser and shall not use the abandoned site in a manner which is inconsistent with the intended use described in the implementing agreement authorized by subsection (d) of this section.

(o) (1) Within thirty (30) days of the date that the prospective purchaser acquires legal title to the abandoned site, the purchaser shall file a notice of the implementing agreement with the clerk of the circuit court in the county in which the abandoned site is located. (2) Notice of any subsequent amendments to the implementing agreement shall also be filed with the clerk of the circuit court within thirty (30) days after their effective dates. (3) The clerk of the circuit court shall docket and record the notice so that it appears in the purchaser's chain of title.

(1) Within thirty (30) days of the date that the prospective purchaser acquires legal title to the abandoned site, the purchaser shall file a notice of the implementing agreement with the clerk of the circuit court in the county in which the abandoned site is located.

(2) Notice of any subsequent amendments to the implementing agreement shall also be filed with the clerk of the circuit court within thirty (30) days after their effective dates.

(3) The clerk of the circuit court shall docket and record the notice so that it appears in the purchaser's chain of title.

Amended by Act 2019, No. 910,§ 2838, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2837, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2836, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2835, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2834, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2833, eff. 7/1/2019.

Acts 1997, No. 1042, § 1; 2001, No. 164, § 3; 2005, No. 1164, § 4.
Ark. Code Ann. § 8-6-1305 — AR Code / Title 8 / Chapter 6 / Subchapter 13 / Section 8-6-1305
Permits - Procedure generally - Definition
Status: in_force

(a) The Division of Environmental Quality shall not accept any applications or issue any permits for the construction or operation of any commercial medical waste incineration facilities until the federal regulations promulgated pursuant to 42 U.S.C. § 7429(a)(1)(C) become effective or the United States Environmental Protection Agency's dioxin reassessment is finalized, whichever is later. (b) Any person applying for a permit or a permit modification to construct and operate a commercial medical waste incineration facility shall complete the following criteria at least thirty (30) days prior to submitting a permit application to the division: (1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and (2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed commercial medical waste incineration facility permit or permit modification is located, and in at least one (1) newspaper of statewide circulation, of the intent to apply for a permit or a permit modification to construct and operate a commercial medical waste incineration facility. (c) The division shall provide written notice by certified mail of the proposed permit or permit modification to the mayor of the city and the county judge of the county where the property which is the subject matter of the permit application is located. (d) The division shall conduct a public hearing in the county in which the commercial medical waste incineration facility is to be located prior to the issuance of a final permit. (e) (1) (A) Notwithstanding the general provisions of other laws, permits for the construction or operation of commercial medical waste incineration facilities shall not be transferable upon a change in ownership or control of a commercial medical waste incineration facility. (B) Prior to any change in ownership or control of a commercial medical waste incineration facility, the proposed new owner must apply for a new permit and abide by the requirements of § 8-1-106 . (C) The division shall process the application as one for a new permit and apply the most current statutes, rules, regulations, technological standards, and operational controls as conditions precedent for granting a permit or operational authority. (2) (A) Any agreement or contract, written or oral, for a future transfer of operational control or ownership of a permitted commercial medical waste incineration facility or such an agreement or contract contingent upon the division's approval shall be subject to immediate disclosure to the division pursuant to § 8-1-106 . (B) Upon such disclosure, the division shall cause the intent to transfer ownership or control to be publicly noticed and produce the disclosure documentation required by § 8-1-106 for public inspection. (C) After a reasonable period for public review, the division shall issue a written determination as to whether the intended transfer of ownership or control should be approved, subject to the right of appeal provided by § 8-1-106(e) . (D) During the pendency of the division's and the public's review of the disclosure materials required by this section, any actions taken by the permittee or proposed transferee are at their own risk, and shall not be construed by the division or the Arkansas Pollution Control and Ecology Commission as accruing equities in their favor. (3) As used in this subsection: (A) "Control" shall be presumed to reside with the owner, as defined herein, unless circumstances indicate that a person or entity other than an employee or agent of the owner is exercising ultimate decision-making authority regarding the construction or operation of a commercial medical waste incineration facility; and (B) "Corporate ownership" shall be defined as a controlling or majority interest in a commercial medical waste incineration facility, either through outright ownership of stock or other indicia of title, or any equitable right to such title as construed from the totality of the circumstances. (4) Any violation of this subsection shall constitute grounds for permit revocation and imposition of the civil and criminal penalties authorized by § 8-4-103 . (f) (1) If the original permit was issued more than one (1) year prior to the initiation of incineration activities at a commercial medical waste incineration facility, the division may review the conditions of the permit to determine whether good cause exists for modifying operating parameters to assure the maximum feasible control efficiency of emissions. (2) Any modifications proposed by the division must be supported by appropriate references to the scientific and engineering literature or documented studies conducted by the division. Amended by Act 2019, No. 315,§ 577, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2692, eff. 7/1/2019. Acts 1992 (1st Ex. Sess.), No. 75, §§ 3, 4; 1995, No. 496, §§ 4, 5.

(a) The Division of Environmental Quality shall not accept any applications or issue any permits for the construction or operation of any commercial medical waste incineration facilities until the federal regulations promulgated pursuant to 42 U.S.C. § 7429(a)(1)(C) become effective or the United States Environmental Protection Agency's dioxin reassessment is finalized, whichever is later.

(b) Any person applying for a permit or a permit modification to construct and operate a commercial medical waste incineration facility shall complete the following criteria at least thirty (30) days prior to submitting a permit application to the division: (1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and (2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed commercial medical waste incineration facility permit or permit modification is located, and in at least one (1) newspaper of statewide circulation, of the intent to apply for a permit or a permit modification to construct and operate a commercial medical waste incineration facility.

(1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and

(2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed commercial medical waste incineration facility permit or permit modification is located, and in at least one (1) newspaper of statewide circulation, of the intent to apply for a permit or a permit modification to construct and operate a commercial medical waste incineration facility.

(c) The division shall provide written notice by certified mail of the proposed permit or permit modification to the mayor of the city and the county judge of the county where the property which is the subject matter of the permit application is located.

(d) The division shall conduct a public hearing in the county in which the commercial medical waste incineration facility is to be located prior to the issuance of a final permit.

(e) (1) (A) Notwithstanding the general provisions of other laws, permits for the construction or operation of commercial medical waste incineration facilities shall not be transferable upon a change in ownership or control of a commercial medical waste incineration facility. (B) Prior to any change in ownership or control of a commercial medical waste incineration facility, the proposed new owner must apply for a new permit and abide by the requirements of § 8-1-106 . (C) The division shall process the application as one for a new permit and apply the most current statutes, rules, regulations, technological standards, and operational controls as conditions precedent for granting a permit or operational authority. (2) (A) Any agreement or contract, written or oral, for a future transfer of operational control or ownership of a permitted commercial medical waste incineration facility or such an agreement or contract contingent upon the division's approval shall be subject to immediate disclosure to the division pursuant to § 8-1-106 . (B) Upon such disclosure, the division shall cause the intent to transfer ownership or control to be publicly noticed and produce the disclosure documentation required by § 8-1-106 for public inspection. (C) After a reasonable period for public review, the division shall issue a written determination as to whether the intended transfer of ownership or control should be approved, subject to the right of appeal provided by § 8-1-106(e) . (D) During the pendency of the division's and the public's review of the disclosure materials required by this section, any actions taken by the permittee or proposed transferee are at their own risk, and shall not be construed by the division or the Arkansas Pollution Control and Ecology Commission as accruing equities in their favor. (3) As used in this subsection: (A) "Control" shall be presumed to reside with the owner, as defined herein, unless circumstances indicate that a person or entity other than an employee or agent of the owner is exercising ultimate decision-making authority regarding the construction or operation of a commercial medical waste incineration facility; and (B) "Corporate ownership" shall be defined as a controlling or majority interest in a commercial medical waste incineration facility, either through outright ownership of stock or other indicia of title, or any equitable right to such title as construed from the totality of the circumstances. (4) Any violation of this subsection shall constitute grounds for permit revocation and imposition of the civil and criminal penalties authorized by § 8-4-103 .

(1) (A) Notwithstanding the general provisions of other laws, permits for the construction or operation of commercial medical waste incineration facilities shall not be transferable upon a change in ownership or control of a commercial medical waste incineration facility. (B) Prior to any change in ownership or control of a commercial medical waste incineration facility, the proposed new owner must apply for a new permit and abide by the requirements of § 8-1-106 . (C) The division shall process the application as one for a new permit and apply the most current statutes, rules, regulations, technological standards, and operational controls as conditions precedent for granting a permit or operational authority.

(A) Notwithstanding the general provisions of other laws, permits for the construction or operation of commercial medical waste incineration facilities shall not be transferable upon a change in ownership or control of a commercial medical waste incineration facility.

(B) Prior to any change in ownership or control of a commercial medical waste incineration facility, the proposed new owner must apply for a new permit and abide by the requirements of § 8-1-106 .

(C) The division shall process the application as one for a new permit and apply the most current statutes, rules, regulations, technological standards, and operational controls as conditions precedent for granting a permit or operational authority.

(2) (A) Any agreement or contract, written or oral, for a future transfer of operational control or ownership of a permitted commercial medical waste incineration facility or such an agreement or contract contingent upon the division's approval shall be subject to immediate disclosure to the division pursuant to § 8-1-106 . (B) Upon such disclosure, the division shall cause the intent to transfer ownership or control to be publicly noticed and produce the disclosure documentation required by § 8-1-106 for public inspection. (C) After a reasonable period for public review, the division shall issue a written determination as to whether the intended transfer of ownership or control should be approved, subject to the right of appeal provided by § 8-1-106(e) . (D) During the pendency of the division's and the public's review of the disclosure materials required by this section, any actions taken by the permittee or proposed transferee are at their own risk, and shall not be construed by the division or the Arkansas Pollution Control and Ecology Commission as accruing equities in their favor.

(A) Any agreement or contract, written or oral, for a future transfer of operational control or ownership of a permitted commercial medical waste incineration facility or such an agreement or contract contingent upon the division's approval shall be subject to immediate disclosure to the division pursuant to § 8-1-106 .

(B) Upon such disclosure, the division shall cause the intent to transfer ownership or control to be publicly noticed and produce the disclosure documentation required by § 8-1-106 for public inspection.

(C) After a reasonable period for public review, the division shall issue a written determination as to whether the intended transfer of ownership or control should be approved, subject to the right of appeal provided by § 8-1-106(e) .

(D) During the pendency of the division's and the public's review of the disclosure materials required by this section, any actions taken by the permittee or proposed transferee are at their own risk, and shall not be construed by the division or the Arkansas Pollution Control and Ecology Commission as accruing equities in their favor.

(3) As used in this subsection: (A) "Control" shall be presumed to reside with the owner, as defined herein, unless circumstances indicate that a person or entity other than an employee or agent of the owner is exercising ultimate decision-making authority regarding the construction or operation of a commercial medical waste incineration facility; and (B) "Corporate ownership" shall be defined as a controlling or majority interest in a commercial medical waste incineration facility, either through outright ownership of stock or other indicia of title, or any equitable right to such title as construed from the totality of the circumstances.

(A) "Control" shall be presumed to reside with the owner, as defined herein, unless circumstances indicate that a person or entity other than an employee or agent of the owner is exercising ultimate decision-making authority regarding the construction or operation of a commercial medical waste incineration facility; and

(B) "Corporate ownership" shall be defined as a controlling or majority interest in a commercial medical waste incineration facility, either through outright ownership of stock or other indicia of title, or any equitable right to such title as construed from the totality of the circumstances.

(4) Any violation of this subsection shall constitute grounds for permit revocation and imposition of the civil and criminal penalties authorized by § 8-4-103 .

(f) (1) If the original permit was issued more than one (1) year prior to the initiation of incineration activities at a commercial medical waste incineration facility, the division may review the conditions of the permit to determine whether good cause exists for modifying operating parameters to assure the maximum feasible control efficiency of emissions. (2) Any modifications proposed by the division must be supported by appropriate references to the scientific and engineering literature or documented studies conducted by the division.

(1) If the original permit was issued more than one (1) year prior to the initiation of incineration activities at a commercial medical waste incineration facility, the division may review the conditions of the permit to determine whether good cause exists for modifying operating parameters to assure the maximum feasible control efficiency of emissions.

(2) Any modifications proposed by the division must be supported by appropriate references to the scientific and engineering literature or documented studies conducted by the division.

Amended by Act 2019, No. 315,§ 577, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2692, eff. 7/1/2019.

Acts 1992 (1st Ex. Sess.), No. 75, §§ 3, 4; 1995, No. 496, §§ 4, 5.
Ark. Code Ann. § 8-6-804 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-804
Bonds - Issuance, execution, and sale
Status: in_force

(a) Regional solid waste management boards are authorized to use any available funds and revenues for the accomplishment of projects and may issue bonds, as authorized by this subchapter, for the purpose of paying project costs and accomplishing projects, either alone or together with other available funds and revenues. (b) (1) The issuance of bonds shall be by resolution of the board. (2) The bonds may be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons, may contain exchange privileges, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms, covenants, and conditions as the resolution may provide, including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the investing and reinvesting of any moneys during periods not needed for authorized purposes, the nature and extent of the security, the rights, duties, and obligations of the regional solid waste management district and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds. (c) There may be successive bond issues for the purpose of financing the same project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this subchapter, with each successive issue to be authorized as provided by this subchapter. Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the project involved may be controlled by the resolution authorizing the issuance of the bonds. (d) Subject to the provisions of this subchapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. (e) The bonds may be sold at public or private sale for such price, including, without limitation, sale at a discount, and in such manner as the board may determine by resolution. (f) Bonds issued under this subchapter shall be executed by the manual or facsimile signatures of the chair and secretary of the board, but one (1) of such signatures must be manual. The coupons attached to the bonds may be executed by the facsimile signature of the chair of the board. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. The seal of the board shall be placed or printed on each bond in such manner as the board shall determine. (g) (1) (A) Prior to the issuance of any bonds pursuant to this subchapter, the district may seek the advice of the Arkansas Development Finance Authority as to the financial feasibility of the project to be financed, and, if so, shall provide the authority with such information and documentation as it may reasonably request in order to render that advice. (B) In the event the district seeks the advice of the authority, the authority shall be entitled to reasonable compensation for its services as determined by the district and the authority. (2) The district may request the authority to designate it as a developer, as contemplated by § 15-5-403 , and hence, to guarantee the bonds on such terms and conditions as may be mutually agreed upon by the district and the authority, consistent with the program delineated in the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq. (3) The district may also request that the authority be the issuer of the bonds and loan the proceeds thereof to the district, secured by a pledge of revenues from the project on such terms as may be necessary to permit the sale of the bonds, consistent with the provisions hereof applicable to the issuance of bonds directly by districts. (h) Boards are specifically authorized to apply for and receive loans from the Arkansas Natural Resources Commission to finance projects from the proceeds of the commission's bonds issued pursuant to the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., on terms mutually acceptable to the borrowing board and the commission, including, but not limited to, provisions for a pledge of revenues to secure such loans, as set forth in § 8-6-803 . The commission is authorized but not required to require, as a prerequisite to approving any such loan, that the borrowing board comply with some or all of the requirements of subsections (a) and (f) of this section and subdivisions (b)(1) and (g)(1) of this section. The commission is further authorized to enter into agreements with the authority for such services to the commission or to the borrowing boards as the commission deems necessary or desirable in furtherance of the commission's powers and duties under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., the authority granted hereby being in addition to those powers and not in derogation or restriction thereof. (i) (1) Before the issuance of a bond under this subchapter, the district shall obtain approval by the quorum court to issue the bond. (2) If the district is comprised of multiple counties, approval shall be obtained from the quorum court of each county. Amended by Act 2019, No. 891,§ 1, eff. 7/24/2019. Acts 1991, No. 752, § 4; 1995, No. 439, § 1.

(a) Regional solid waste management boards are authorized to use any available funds and revenues for the accomplishment of projects and may issue bonds, as authorized by this subchapter, for the purpose of paying project costs and accomplishing projects, either alone or together with other available funds and revenues.

(b) (1) The issuance of bonds shall be by resolution of the board. (2) The bonds may be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons, may contain exchange privileges, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms, covenants, and conditions as the resolution may provide, including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the investing and reinvesting of any moneys during periods not needed for authorized purposes, the nature and extent of the security, the rights, duties, and obligations of the regional solid waste management district and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

(1) The issuance of bonds shall be by resolution of the board.

(2) The bonds may be coupon bonds payable to bearer, subject to registration as to principal or as to principal and interest, or fully registered bonds without coupons, may contain exchange privileges, may be issued in one (1) or more series, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates, may bear interest at such rate or rates, may be in such form, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption in advance of maturity at such prices, and may contain such terms, covenants, and conditions as the resolution may provide, including, without limitation, those pertaining to the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the maintenance of various funds and reserves, the investing and reinvesting of any moneys during periods not needed for authorized purposes, the nature and extent of the security, the rights, duties, and obligations of the regional solid waste management district and the trustee for the holders or registered owners of the bonds, and the rights of the holders or registered owners of the bonds.

(c) There may be successive bond issues for the purpose of financing the same project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this subchapter, with each successive issue to be authorized as provided by this subchapter. Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the project involved may be controlled by the resolution authorizing the issuance of the bonds.

(d) Subject to the provisions of this subchapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas.

(e) The bonds may be sold at public or private sale for such price, including, without limitation, sale at a discount, and in such manner as the board may determine by resolution.

(f) Bonds issued under this subchapter shall be executed by the manual or facsimile signatures of the chair and secretary of the board, but one (1) of such signatures must be manual. The coupons attached to the bonds may be executed by the facsimile signature of the chair of the board. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. The seal of the board shall be placed or printed on each bond in such manner as the board shall determine.

(g) (1) (A) Prior to the issuance of any bonds pursuant to this subchapter, the district may seek the advice of the Arkansas Development Finance Authority as to the financial feasibility of the project to be financed, and, if so, shall provide the authority with such information and documentation as it may reasonably request in order to render that advice. (B) In the event the district seeks the advice of the authority, the authority shall be entitled to reasonable compensation for its services as determined by the district and the authority. (2) The district may request the authority to designate it as a developer, as contemplated by § 15-5-403 , and hence, to guarantee the bonds on such terms and conditions as may be mutually agreed upon by the district and the authority, consistent with the program delineated in the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq. (3) The district may also request that the authority be the issuer of the bonds and loan the proceeds thereof to the district, secured by a pledge of revenues from the project on such terms as may be necessary to permit the sale of the bonds, consistent with the provisions hereof applicable to the issuance of bonds directly by districts.

(1) (A) Prior to the issuance of any bonds pursuant to this subchapter, the district may seek the advice of the Arkansas Development Finance Authority as to the financial feasibility of the project to be financed, and, if so, shall provide the authority with such information and documentation as it may reasonably request in order to render that advice. (B) In the event the district seeks the advice of the authority, the authority shall be entitled to reasonable compensation for its services as determined by the district and the authority.

(A) Prior to the issuance of any bonds pursuant to this subchapter, the district may seek the advice of the Arkansas Development Finance Authority as to the financial feasibility of the project to be financed, and, if so, shall provide the authority with such information and documentation as it may reasonably request in order to render that advice.

(B) In the event the district seeks the advice of the authority, the authority shall be entitled to reasonable compensation for its services as determined by the district and the authority.

(2) The district may request the authority to designate it as a developer, as contemplated by § 15-5-403 , and hence, to guarantee the bonds on such terms and conditions as may be mutually agreed upon by the district and the authority, consistent with the program delineated in the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq.

(3) The district may also request that the authority be the issuer of the bonds and loan the proceeds thereof to the district, secured by a pledge of revenues from the project on such terms as may be necessary to permit the sale of the bonds, consistent with the provisions hereof applicable to the issuance of bonds directly by districts.

(h) Boards are specifically authorized to apply for and receive loans from the Arkansas Natural Resources Commission to finance projects from the proceeds of the commission's bonds issued pursuant to the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., on terms mutually acceptable to the borrowing board and the commission, including, but not limited to, provisions for a pledge of revenues to secure such loans, as set forth in § 8-6-803 . The commission is authorized but not required to require, as a prerequisite to approving any such loan, that the borrowing board comply with some or all of the requirements of subsections (a) and (f) of this section and subdivisions (b)(1) and (g)(1) of this section. The commission is further authorized to enter into agreements with the authority for such services to the commission or to the borrowing boards as the commission deems necessary or desirable in furtherance of the commission's powers and duties under the Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987, § 15-22-701 et seq., the authority granted hereby being in addition to those powers and not in derogation or restriction thereof.

(i) (1) Before the issuance of a bond under this subchapter, the district shall obtain approval by the quorum court to issue the bond. (2) If the district is comprised of multiple counties, approval shall be obtained from the quorum court of each county.

(1) Before the issuance of a bond under this subchapter, the district shall obtain approval by the quorum court to issue the bond.

(2) If the district is comprised of multiple counties, approval shall be obtained from the quorum court of each county.

Amended by Act 2019, No. 891,§ 1, eff. 7/24/2019.

Acts 1991, No. 752, § 4; 1995, No. 439, § 1.
Ark. Code Ann. § 8-9-712 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-712
[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. § 8-1-311 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-311
Partial disclosure
Status: in_force

Upon making a determination under § 8-1-307 , the court of record or administrative tribunal may compel disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding. Acts 1995, No. 350, § 1; 1999, No. 871, § 7.

Upon making a determination under § 8-1-307 , the court of record or administrative tribunal may compel disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding.

Acts 1995, No. 350, § 1; 1999, No. 871, § 7.
Ark. Code Ann. § 8-4-223 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-223
Appeals - Notice
Status: in_force

(a) (1) Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry, municipality, or thing involved is situated. (2) A copy of the notice of appeal shall be served upon the Secretary of the Arkansas Pollution Control and Ecology Commission by personal delivery or by mail with a return receipt requested within ten (10) days of filing with the circuit court. (b) (1) The notice of appeal: (A) Shall state the action of the commission appealed from; (B) Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and (C) May contain any other allegations or denials of fact pertinent to the appeal. (2) The notice of appeal shall state an address within the state at which service of a response to the notice of appeal and other papers in the matter may be made upon the appellant. (c) Upon filing the notice of appeal with the clerk of the circuit court, the circuit court shall have jurisdiction of the appeal. (d) (1) Within ten (10) business days of service of the notice of appeal required under subdivision (a)(2) of this section, the owner or operator of the business, industry, municipality, or thing involved may file a motion to transfer the appeal from the circuit court to the Court of Appeals. (2) Upon the filing of a motion under subdivision (d)(1) of this section, the appeal shall be transferred from the circuit court to the Court of Appeals. Amended by Act 2019, No. 315,§ 477, eff. 7/24/2019. Amended by Act 2013, No. 1021,§ 3, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1997, No. 896, § 1; 1997, No. 1219, § 5.

(a) (1) Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry, municipality, or thing involved is situated. (2) A copy of the notice of appeal shall be served upon the Secretary of the Arkansas Pollution Control and Ecology Commission by personal delivery or by mail with a return receipt requested within ten (10) days of filing with the circuit court.

(1) Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry, municipality, or thing involved is situated.

(2) A copy of the notice of appeal shall be served upon the Secretary of the Arkansas Pollution Control and Ecology Commission by personal delivery or by mail with a return receipt requested within ten (10) days of filing with the circuit court.

(b) (1) The notice of appeal: (A) Shall state the action of the commission appealed from; (B) Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and (C) May contain any other allegations or denials of fact pertinent to the appeal. (2) The notice of appeal shall state an address within the state at which service of a response to the notice of appeal and other papers in the matter may be made upon the appellant.

(1) The notice of appeal: (A) Shall state the action of the commission appealed from; (B) Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and (C) May contain any other allegations or denials of fact pertinent to the appeal.

(A) Shall state the action of the commission appealed from;

(B) Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and

(C) May contain any other allegations or denials of fact pertinent to the appeal.

(2) The notice of appeal shall state an address within the state at which service of a response to the notice of appeal and other papers in the matter may be made upon the appellant.

(c) Upon filing the notice of appeal with the clerk of the circuit court, the circuit court shall have jurisdiction of the appeal.

(d) (1) Within ten (10) business days of service of the notice of appeal required under subdivision (a)(2) of this section, the owner or operator of the business, industry, municipality, or thing involved may file a motion to transfer the appeal from the circuit court to the Court of Appeals. (2) Upon the filing of a motion under subdivision (d)(1) of this section, the appeal shall be transferred from the circuit court to the Court of Appeals.

(1) Within ten (10) business days of service of the notice of appeal required under subdivision (a)(2) of this section, the owner or operator of the business, industry, municipality, or thing involved may file a motion to transfer the appeal from the circuit court to the Court of Appeals.

(2) Upon the filing of a motion under subdivision (d)(1) of this section, the appeal shall be transferred from the circuit court to the Court of Appeals.

Amended by Act 2019, No. 315,§ 477, eff. 7/24/2019.

Amended by Act 2013, No. 1021,§ 3, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1997, No. 896, § 1; 1997, No. 1219, § 5.