Ark. Code Ann. § 8-6-605 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-605
Solid Waste Management and Recycling Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Solid Waste Management and Recycling Fund". (b) The fund shall be administered by the Division of Environmental Quality, which shall authorize distributions and administrative expenditures from the fund under this subchapter for solid waste management and recycling programs. (c) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all landfill disposal fees collected pursuant to §§ 8-6-606 and 8-6-607 , United States Government moneys designated to enter the fund, any moneys received by the state as a gift or donation to the fund, and all interest earned upon money deposited into the fund. (d) No more than twenty percent (20%) of the moneys received annually into the fund shall be used by the division for: (1) The administration of a solid waste management and recycling program; (2) The administration of a computer and electronic equipment recycling program under § 8-6-613 ; and (3) Solid waste management compliance and enforcement activities at landfills and open dumps. Amended by Act 2019, No. 910,§ 2630, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2629, eff. 7/1/2019. Amended by Act 2017, No. 624,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1333,§ 2, eff. 8/16/2013. Acts 1989, No. 849, § 5; 1989, No. 934, § 5; 2007, No. 512, § 1.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Solid Waste Management and Recycling Fund".

(b) The fund shall be administered by the Division of Environmental Quality, which shall authorize distributions and administrative expenditures from the fund under this subchapter for solid waste management and recycling programs.

(c) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all landfill disposal fees collected pursuant to §§ 8-6-606 and 8-6-607 , United States Government moneys designated to enter the fund, any moneys received by the state as a gift or donation to the fund, and all interest earned upon money deposited into the fund.

(d) No more than twenty percent (20%) of the moneys received annually into the fund shall be used by the division for: (1) The administration of a solid waste management and recycling program; (2) The administration of a computer and electronic equipment recycling program under § 8-6-613 ; and (3) Solid waste management compliance and enforcement activities at landfills and open dumps.

(1) The administration of a solid waste management and recycling program;

(2) The administration of a computer and electronic equipment recycling program under § 8-6-613 ; and

(3) Solid waste management compliance and enforcement activities at landfills and open dumps.

Amended by Act 2019, No. 910,§ 2630, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2629, eff. 7/1/2019.

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

Amended by Act 2013, No. 1333,§ 2, eff. 8/16/2013.

Acts 1989, No. 849, § 5; 1989, No. 934, § 5; 2007, No. 512, § 1.
Ark. Code Ann. § 8-6-414 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-414
Notification to motor vehicle owner and lienholders - Reclamation
Status: in_force

(a) (1) The enforcement agency which takes into custody and possession any junk motor vehicle, within thirty (30) days after taking custody and possession thereof, shall notify the last known registered owner of the junk motor vehicle and all lienholders of record that the junk motor vehicle has been taken into custody and possession. (2) The notification shall be by registered or certified mail, return receipt requested. (3) The notice shall: (A) Contain a description of the junk motor vehicle, including the year, make, model, manufacturer's serial or identification number, or any other number which may have been assigned to the junk motor vehicle by the Office of Motor Vehicle and shall note any distinguishing marks; (B) Set forth the location of the facility where the junk motor vehicle is being held and the location where the junk motor vehicle was taken into custody and possession; and (C) Inform the owner and any lienholders of record of their right to reclaim the junk motor vehicle within ten (10) days after the date notice was received by the owner or lienholders upon payment of all towing, preservation, and storage charges resulting from taking and placing the junk motor vehicle into custody and possession and state that the failure of the owner or lienholders of record to exercise their right to reclaim the junk motor vehicle within the ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title, and interest in the junk motor vehicle and of their consent to the sale or disposal of the junk motor vehicle at a public auction or to a salvage yard or demolisher. (b) (1) If the identity of the last registered owner of the junk motor vehicle cannot be determined, if the certificate of registration or certificate of title contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, then notice shall be published in a newspaper of countywide circulation in the county wherein the junk motor vehicle was located at the time the enforcement agency took custody and possession of the junk motor vehicle. (2) This notice shall be sufficient to meet all requirements of notice pursuant to this section. (3) Any notice by publication may contain multiple listings of junk motor vehicles. (4) The notice shall be published within thirty (30) days after the junk motor vehicle is taken into custody and possession. (5) The notice shall have the same contents required for a notice pursuant to subsection (a) of this section, except that the ten-day period shall run from the date such notice is published as prescribed. (c) The consequences and effect of failure to reclaim a junk motor vehicle within the ten-day period after notice is received by registered or certified mail or within ten (10) days after the notice is published in a newspaper as prescribed shall be set forth in the notice. Acts 1977, No. 883, § 13; A.S.A. 1947, § 82-3913.

(a) (1) The enforcement agency which takes into custody and possession any junk motor vehicle, within thirty (30) days after taking custody and possession thereof, shall notify the last known registered owner of the junk motor vehicle and all lienholders of record that the junk motor vehicle has been taken into custody and possession. (2) The notification shall be by registered or certified mail, return receipt requested. (3) The notice shall: (A) Contain a description of the junk motor vehicle, including the year, make, model, manufacturer's serial or identification number, or any other number which may have been assigned to the junk motor vehicle by the Office of Motor Vehicle and shall note any distinguishing marks; (B) Set forth the location of the facility where the junk motor vehicle is being held and the location where the junk motor vehicle was taken into custody and possession; and (C) Inform the owner and any lienholders of record of their right to reclaim the junk motor vehicle within ten (10) days after the date notice was received by the owner or lienholders upon payment of all towing, preservation, and storage charges resulting from taking and placing the junk motor vehicle into custody and possession and state that the failure of the owner or lienholders of record to exercise their right to reclaim the junk motor vehicle within the ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title, and interest in the junk motor vehicle and of their consent to the sale or disposal of the junk motor vehicle at a public auction or to a salvage yard or demolisher.

(1) The enforcement agency which takes into custody and possession any junk motor vehicle, within thirty (30) days after taking custody and possession thereof, shall notify the last known registered owner of the junk motor vehicle and all lienholders of record that the junk motor vehicle has been taken into custody and possession.

(2) The notification shall be by registered or certified mail, return receipt requested.

(3) The notice shall: (A) Contain a description of the junk motor vehicle, including the year, make, model, manufacturer's serial or identification number, or any other number which may have been assigned to the junk motor vehicle by the Office of Motor Vehicle and shall note any distinguishing marks; (B) Set forth the location of the facility where the junk motor vehicle is being held and the location where the junk motor vehicle was taken into custody and possession; and (C) Inform the owner and any lienholders of record of their right to reclaim the junk motor vehicle within ten (10) days after the date notice was received by the owner or lienholders upon payment of all towing, preservation, and storage charges resulting from taking and placing the junk motor vehicle into custody and possession and state that the failure of the owner or lienholders of record to exercise their right to reclaim the junk motor vehicle within the ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title, and interest in the junk motor vehicle and of their consent to the sale or disposal of the junk motor vehicle at a public auction or to a salvage yard or demolisher.

(A) Contain a description of the junk motor vehicle, including the year, make, model, manufacturer's serial or identification number, or any other number which may have been assigned to the junk motor vehicle by the Office of Motor Vehicle and shall note any distinguishing marks;

(B) Set forth the location of the facility where the junk motor vehicle is being held and the location where the junk motor vehicle was taken into custody and possession; and

(C) Inform the owner and any lienholders of record of their right to reclaim the junk motor vehicle within ten (10) days after the date notice was received by the owner or lienholders upon payment of all towing, preservation, and storage charges resulting from taking and placing the junk motor vehicle into custody and possession and state that the failure of the owner or lienholders of record to exercise their right to reclaim the junk motor vehicle within the ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title, and interest in the junk motor vehicle and of their consent to the sale or disposal of the junk motor vehicle at a public auction or to a salvage yard or demolisher.

(b) (1) If the identity of the last registered owner of the junk motor vehicle cannot be determined, if the certificate of registration or certificate of title contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, then notice shall be published in a newspaper of countywide circulation in the county wherein the junk motor vehicle was located at the time the enforcement agency took custody and possession of the junk motor vehicle. (2) This notice shall be sufficient to meet all requirements of notice pursuant to this section. (3) Any notice by publication may contain multiple listings of junk motor vehicles. (4) The notice shall be published within thirty (30) days after the junk motor vehicle is taken into custody and possession. (5) The notice shall have the same contents required for a notice pursuant to subsection (a) of this section, except that the ten-day period shall run from the date such notice is published as prescribed.

(1) If the identity of the last registered owner of the junk motor vehicle cannot be determined, if the certificate of registration or certificate of title contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, then notice shall be published in a newspaper of countywide circulation in the county wherein the junk motor vehicle was located at the time the enforcement agency took custody and possession of the junk motor vehicle.

(2) This notice shall be sufficient to meet all requirements of notice pursuant to this section.

(3) Any notice by publication may contain multiple listings of junk motor vehicles.

(4) The notice shall be published within thirty (30) days after the junk motor vehicle is taken into custody and possession.

(5) The notice shall have the same contents required for a notice pursuant to subsection (a) of this section, except that the ten-day period shall run from the date such notice is published as prescribed.

(c) The consequences and effect of failure to reclaim a junk motor vehicle within the ten-day period after notice is received by registered or certified mail or within ten (10) days after the notice is published in a newspaper as prescribed shall be set forth in the notice.

Acts 1977, No. 883, § 13; A.S.A. 1947, § 82-3913.
Ark. Code Ann. § 8-4-207 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-207
State water pollution control agency - Powers and duties generally
Status: in_force

Without limiting the generality of the provisions of this chapter or of the powers which the Director of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission may have under this or any other legislative act: (1) (A) The director is authorized to require conditions in permits issued under this chapter regarding the achievement of effluent limitations based upon the application of such levels of treatment technology and processes as are required under the Federal Water Pollution Control Act, as amended, or any more stringent effluent limitations necessary to meet water quality criteria or toxic standards established pursuant to any state law or rule or federal law or regulation. Such effluent limitations shall be achieved in the shortest reasonable period of time consistent with state law and the Federal Water Pollution Control Act, as amended, and any regulations or guidelines promulgated thereunder. (B) The director is further authorized to set and revise schedules of compliance and include such schedules within the terms and conditions of the permits and prescribe other terms and conditions for permits issued under this chapter to assure compliance with applicable state and federal effluent limitations and water quality criteria, including requirements concerning recording, reporting, monitoring, entry, inspection, and sampling as provided in this chapter and such other requirements as are consistent with the purposes of this chapter. (C) The director is authorized to require conditions in permits issued under this chapter regarding the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and regulations promulgated under Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.; (2) The director shall not issue a permit under this chapter if the discharge of any term of the permit would violate the provisions of any federal law or rule or regulation promulgated thereunder, including the duration of such permit; (3) Permits for publicly owned treatment works shall include as a condition for the permit that the permittee provide information to the director concerning new introductions of pollutants or substantial changes in the volume or character of pollutants, whether sewage, industrial waste, or other wastes are being introduced into such treatment works, and appropriate measures to establish and ensure compliance by industrial users with any system of user charges required under state law or federal law or any federal regulations or guidelines promulgated thereunder; (4) The director may apply and enforce toxic effluent standards and pretreatment standards against industrial users of publicly owned treatment works for the introduction into the publicly owned treatment works of sewage, industrial wastes, or other wastes which interfere with, pass through, or otherwise are incompatible with the publicly owned treatment works; (5) The director and the commission shall ensure public notice, public participation, and an opportunity for public hearing in respect to National Pollutant Discharge Elimination System permit applications and actions related to them in accordance with applicable state law and rules and federal law, rules, and regulations; and (6) (A) (i) Any records, reports, or information obtained under this chapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying. (ii) However, information submitted to the Division of Environmental Quality may be claimed as confidential if its disclosure would divulge trade secrets. (B) The division shall deny any claim for confidentiality for the name and address of any permit applicant or permittee or for any National Pollutant Discharge Elimination System permit applications, National Pollutant Discharge Elimination System permits, and effluent data. (C) Information required by National Pollutant Discharge Elimination System application forms, including any information submitted on the forms themselves and any attachments used to supply information required by the forms, shall not be claimed confidential nor afforded this protection. (D) Any person adversely affected by a determination by the division on a claim of confidentiality may appeal the determination as provided in §§ 8-4-222 and 8-4-223 . Amended by Act 2021, No. 285,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 473, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 472, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 471, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2495, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2494, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2493, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2492, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 3; A.S.A. 1947, § 82-1904; Acts 1987, No. 617, § 1; 1993, No. 163, § 16; 1993, No. 165, § 16; 1999, No. 1164, § 24.

Without limiting the generality of the provisions of this chapter or of the powers which the Director of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission may have under this or any other legislative act:

(1) (A) The director is authorized to require conditions in permits issued under this chapter regarding the achievement of effluent limitations based upon the application of such levels of treatment technology and processes as are required under the Federal Water Pollution Control Act, as amended, or any more stringent effluent limitations necessary to meet water quality criteria or toxic standards established pursuant to any state law or rule or federal law or regulation. Such effluent limitations shall be achieved in the shortest reasonable period of time consistent with state law and the Federal Water Pollution Control Act, as amended, and any regulations or guidelines promulgated thereunder. (B) The director is further authorized to set and revise schedules of compliance and include such schedules within the terms and conditions of the permits and prescribe other terms and conditions for permits issued under this chapter to assure compliance with applicable state and federal effluent limitations and water quality criteria, including requirements concerning recording, reporting, monitoring, entry, inspection, and sampling as provided in this chapter and such other requirements as are consistent with the purposes of this chapter. (C) The director is authorized to require conditions in permits issued under this chapter regarding the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and regulations promulgated under Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.;

(A) The director is authorized to require conditions in permits issued under this chapter regarding the achievement of effluent limitations based upon the application of such levels of treatment technology and processes as are required under the Federal Water Pollution Control Act, as amended, or any more stringent effluent limitations necessary to meet water quality criteria or toxic standards established pursuant to any state law or rule or federal law or regulation. Such effluent limitations shall be achieved in the shortest reasonable period of time consistent with state law and the Federal Water Pollution Control Act, as amended, and any regulations or guidelines promulgated thereunder.

(B) The director is further authorized to set and revise schedules of compliance and include such schedules within the terms and conditions of the permits and prescribe other terms and conditions for permits issued under this chapter to assure compliance with applicable state and federal effluent limitations and water quality criteria, including requirements concerning recording, reporting, monitoring, entry, inspection, and sampling as provided in this chapter and such other requirements as are consistent with the purposes of this chapter.

(C) The director is authorized to require conditions in permits issued under this chapter regarding the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and regulations promulgated under Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.;

(2) The director shall not issue a permit under this chapter if the discharge of any term of the permit would violate the provisions of any federal law or rule or regulation promulgated thereunder, including the duration of such permit;

(3) Permits for publicly owned treatment works shall include as a condition for the permit that the permittee provide information to the director concerning new introductions of pollutants or substantial changes in the volume or character of pollutants, whether sewage, industrial waste, or other wastes are being introduced into such treatment works, and appropriate measures to establish and ensure compliance by industrial users with any system of user charges required under state law or federal law or any federal regulations or guidelines promulgated thereunder;

(4) The director may apply and enforce toxic effluent standards and pretreatment standards against industrial users of publicly owned treatment works for the introduction into the publicly owned treatment works of sewage, industrial wastes, or other wastes which interfere with, pass through, or otherwise are incompatible with the publicly owned treatment works;

(5) The director and the commission shall ensure public notice, public participation, and an opportunity for public hearing in respect to National Pollutant Discharge Elimination System permit applications and actions related to them in accordance with applicable state law and rules and federal law, rules, and regulations; and

(6) (A) (i) Any records, reports, or information obtained under this chapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying. (ii) However, information submitted to the Division of Environmental Quality may be claimed as confidential if its disclosure would divulge trade secrets. (B) The division shall deny any claim for confidentiality for the name and address of any permit applicant or permittee or for any National Pollutant Discharge Elimination System permit applications, National Pollutant Discharge Elimination System permits, and effluent data. (C) Information required by National Pollutant Discharge Elimination System application forms, including any information submitted on the forms themselves and any attachments used to supply information required by the forms, shall not be claimed confidential nor afforded this protection. (D) Any person adversely affected by a determination by the division on a claim of confidentiality may appeal the determination as provided in §§ 8-4-222 and 8-4-223 .

(A) (i) Any records, reports, or information obtained under this chapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying. (ii) However, information submitted to the Division of Environmental Quality may be claimed as confidential if its disclosure would divulge trade secrets.

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

(ii) However, information submitted to the Division of Environmental Quality may be claimed as confidential if its disclosure would divulge trade secrets.

(B) The division shall deny any claim for confidentiality for the name and address of any permit applicant or permittee or for any National Pollutant Discharge Elimination System permit applications, National Pollutant Discharge Elimination System permits, and effluent data.

(C) Information required by National Pollutant Discharge Elimination System application forms, including any information submitted on the forms themselves and any attachments used to supply information required by the forms, shall not be claimed confidential nor afforded this protection.

(D) Any person adversely affected by a determination by the division on a claim of confidentiality may appeal the determination as provided in §§ 8-4-222 and 8-4-223 .

Amended by Act 2021, No. 285,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 473, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 472, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 471, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2495, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2494, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2493, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2492, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 3; A.S.A. 1947, § 82-1904; Acts 1987, No. 617, § 1; 1993, No. 163, § 16; 1993, No. 165, § 16; 1999, No. 1164, § 24.
Ark. Code Ann. § 8-15-111 — AR Code / Title 8 / Chapter 15 / Section 8-15-111
District boards of directors - Powers and duties
Status: in_force

(a) The board of directors of a property assessed energy improvement district may: (1) Issue revenue bonds on behalf of the district; (2) Make and adopt all necessary bylaws for its organization and operation; (3) Elect officers and employ personnel necessary for its operation; (4) Operate, maintain, expand, and fund a PACE project; (5) Apply for, receive, and spend grants for any purpose under this chapter; (6) Enter into agreements and contracts on behalf of the district; (7) Receive property or funds by gift or donation for the finance and support of the district; (8) Reimburse a governmental entity for expenses incurred in performing a service for the district; (9) Assign assessments to a private lending institution; and (10) Do all things necessary or appropriate to carry out the powers expressly granted or duties expressly imposed under this chapter. (b) The board of directors shall: (1) Allow a commission of: (A) One and five-tenths percent (1.5%) for the extension of district assessments by the county assessor or county clerk; (B) One and five-tenths percent (1.5%) for the collection of district assessments by the county collector; and (C) One-eighth of one percent (0.125%) for services of a county treasurer in disbursing the moneys collected for district assessments; and (2) Adopt rules consistent with this chapter or with other legislation that in its judgment may be necessary for the proper enforcement of this chapter. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) The board of directors of a property assessed energy improvement district may: (1) Issue revenue bonds on behalf of the district; (2) Make and adopt all necessary bylaws for its organization and operation; (3) Elect officers and employ personnel necessary for its operation; (4) Operate, maintain, expand, and fund a PACE project; (5) Apply for, receive, and spend grants for any purpose under this chapter; (6) Enter into agreements and contracts on behalf of the district; (7) Receive property or funds by gift or donation for the finance and support of the district; (8) Reimburse a governmental entity for expenses incurred in performing a service for the district; (9) Assign assessments to a private lending institution; and (10) Do all things necessary or appropriate to carry out the powers expressly granted or duties expressly imposed under this chapter.

(1) Issue revenue bonds on behalf of the district;

(2) Make and adopt all necessary bylaws for its organization and operation;

(3) Elect officers and employ personnel necessary for its operation;

(4) Operate, maintain, expand, and fund a PACE project;

(5) Apply for, receive, and spend grants for any purpose under this chapter;

(6) Enter into agreements and contracts on behalf of the district;

(7) Receive property or funds by gift or donation for the finance and support of the district;

(8) Reimburse a governmental entity for expenses incurred in performing a service for the district;

(9) Assign assessments to a private lending institution; and

(10) Do all things necessary or appropriate to carry out the powers expressly granted or duties expressly imposed under this chapter.

(b) The board of directors shall: (1) Allow a commission of: (A) One and five-tenths percent (1.5%) for the extension of district assessments by the county assessor or county clerk; (B) One and five-tenths percent (1.5%) for the collection of district assessments by the county collector; and (C) One-eighth of one percent (0.125%) for services of a county treasurer in disbursing the moneys collected for district assessments; and (2) Adopt rules consistent with this chapter or with other legislation that in its judgment may be necessary for the proper enforcement of this chapter.

(1) Allow a commission of: (A) One and five-tenths percent (1.5%) for the extension of district assessments by the county assessor or county clerk; (B) One and five-tenths percent (1.5%) for the collection of district assessments by the county collector; and (C) One-eighth of one percent (0.125%) for services of a county treasurer in disbursing the moneys collected for district assessments; and

(A) One and five-tenths percent (1.5%) for the extension of district assessments by the county assessor or county clerk;

(B) One and five-tenths percent (1.5%) for the collection of district assessments by the county collector; and

(C) One-eighth of one percent (0.125%) for services of a county treasurer in disbursing the moneys collected for district assessments; and

(2) Adopt rules consistent with this chapter or with other legislation that in its judgment may be necessary for the proper enforcement of this chapter.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-6-801 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-801
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Authority" means the Arkansas Development Finance Authority; (2) "Board" means a regional solid waste management board created under § 8-6-701 et seq.; (3) "Bonds" means bonds and any series of bonds authorized by and issued pursuant to the provisions of this subchapter and comprehends "revenue bonds", as defined in Arkansas Constitution, Amendment 65, § 3; (4) "Costs" or "project costs" means, but shall not be limited to: (A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto; (B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing them; (C) Administrative, organizational, legal, engineering, and inspection expenses; (D) Financing fees, expenses, and costs, including, but not limited to, costs of credit enhancement or guaranties, trustees' fees, paying agents' fees or similar fees, and fees to financial advisors and other entities assisting in the issuance of bonds; (E) Working capital; (F) All machinery and equipment, including construction equipment; (G) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing or borrowing regional solid waste management district; (H) Establishment of reserves; and (I) All other expenditures of the issuing or borrowing district incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of it in operation; (5) "District" means a regional solid waste management district created under § 8-6-701 et seq.; (6) (A) "Project" means any real property, personal property, or mixed property of any and every kind that can be used or will be useful in controlling, collecting, storing, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning solid waste, including, without limitation, property that can be used or that will be useful in extracting, converting to steam, including the acquisition, handling, storage, and utilization of coal, lignite, or other fuel of any kind, or water that can be used or that will be useful in converting solid waste to steam, and distributing the steam to users thereof, or otherwise separating and preparing solid waste for reuse, or that can be used or will be useful in generating electric energy by the use of solid waste as a source of generating power and distributing the electric energy to purchasers or users thereof in accordance with the general laws of the state. (B) However, for the purposes of this subchapter, not more than twenty-five percent (25%) of the fuel used to produce steam or electricity from any project shall consist of materials other than solid waste; and (7) "Solid waste" means the same as provided in § 8-6-702 . Acts 1991, No. 752, § 4.

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

(1) "Authority" means the Arkansas Development Finance Authority;

(2) "Board" means a regional solid waste management board created under § 8-6-701 et seq.;

(3) "Bonds" means bonds and any series of bonds authorized by and issued pursuant to the provisions of this subchapter and comprehends "revenue bonds", as defined in Arkansas Constitution, Amendment 65, § 3;

(4) "Costs" or "project costs" means, but shall not be limited to: (A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto; (B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing them; (C) Administrative, organizational, legal, engineering, and inspection expenses; (D) Financing fees, expenses, and costs, including, but not limited to, costs of credit enhancement or guaranties, trustees' fees, paying agents' fees or similar fees, and fees to financial advisors and other entities assisting in the issuance of bonds; (E) Working capital; (F) All machinery and equipment, including construction equipment; (G) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing or borrowing regional solid waste management district; (H) Establishment of reserves; and (I) All other expenditures of the issuing or borrowing district incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of it in operation;

(A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto;

(B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing them;

(C) Administrative, organizational, legal, engineering, and inspection expenses;

(D) Financing fees, expenses, and costs, including, but not limited to, costs of credit enhancement or guaranties, trustees' fees, paying agents' fees or similar fees, and fees to financial advisors and other entities assisting in the issuance of bonds;

(E) Working capital;

(F) All machinery and equipment, including construction equipment;

(G) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing or borrowing regional solid waste management district;

(H) Establishment of reserves; and

(I) All other expenditures of the issuing or borrowing district incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of it in operation;

(5) "District" means a regional solid waste management district created under § 8-6-701 et seq.;

(6) (A) "Project" means any real property, personal property, or mixed property of any and every kind that can be used or will be useful in controlling, collecting, storing, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning solid waste, including, without limitation, property that can be used or that will be useful in extracting, converting to steam, including the acquisition, handling, storage, and utilization of coal, lignite, or other fuel of any kind, or water that can be used or that will be useful in converting solid waste to steam, and distributing the steam to users thereof, or otherwise separating and preparing solid waste for reuse, or that can be used or will be useful in generating electric energy by the use of solid waste as a source of generating power and distributing the electric energy to purchasers or users thereof in accordance with the general laws of the state. (B) However, for the purposes of this subchapter, not more than twenty-five percent (25%) of the fuel used to produce steam or electricity from any project shall consist of materials other than solid waste; and

(A) "Project" means any real property, personal property, or mixed property of any and every kind that can be used or will be useful in controlling, collecting, storing, removing, handling, reducing, disposing of, treating, and otherwise dealing in and concerning solid waste, including, without limitation, property that can be used or that will be useful in extracting, converting to steam, including the acquisition, handling, storage, and utilization of coal, lignite, or other fuel of any kind, or water that can be used or that will be useful in converting solid waste to steam, and distributing the steam to users thereof, or otherwise separating and preparing solid waste for reuse, or that can be used or will be useful in generating electric energy by the use of solid waste as a source of generating power and distributing the electric energy to purchasers or users thereof in accordance with the general laws of the state.

(B) However, for the purposes of this subchapter, not more than twenty-five percent (25%) of the fuel used to produce steam or electricity from any project shall consist of materials other than solid waste; and

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

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-9-705 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-705
[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. § 8-5-703 — AR Code / Title 8 / Chapter 5 / Subchapter 7 / Section 8-5-703
Financial assurance requirements for subsequently permitted common sewage systems
Status: in_force

(a) (1) (A) The Division of Environmental Quality may require a permitted common sewage system that is in chronic noncompliance to demonstrate to the division its financial ability to cover the estimated costs of operating and maintaining the common sewage system for a minimum period of five (5) years. (B) The division may require the permitted common sewage system that is in chronic noncompliance to submit a cost estimate for a third party to operate and maintain the common sewage system each year for a period of five (5) years. (2) The division shall not modify or renew a National Pollutant Discharge Elimination System permit or state permit for a common sewage system if the common sewage system facility is in chronic noncompliance and the common sewage system facility proposes to use new technology that in the discretion of the division cannot be verified to meet permit requirements. (b) The applicant's financial ability to operate and maintain the common sewage system for a period of five (5) years shall be demonstrated to the division by: (1) Obtaining insurance that specifically covers operation and maintenance costs; (2) Obtaining a letter of credit; (3) Obtaining a surety bond; (4) Obtaining a trust fund or an escrow account; or (5) Using a combination of insurance, letter of credit, surety bond, trust fund, or escrow account. (c) The division may require an amount of financial assurance that exceeds the cost estimate submitted by the applicant. (d) A financial instrument required by this section shall be posted to the benefit of the division and shall remain in effect for the life of the permit. (e) It is explicitly understood that the division shall not directly operate and shall not be responsible for the operation of any sewage system. (f) This section does not restrict local and county government entities from enacting more stringent ordinances regulating nonmunicipal domestic treatment sewage systems in Arkansas. Amended by Act 2019, No. 910,§ 2570, eff. 7/1/2019. Acts 1995, No. 336, § 1; 1999, No. 1164, §§ 50, 51; 2007, No. 832, § 2; 2009, No. 409, § 2.

(a) (1) (A) The Division of Environmental Quality may require a permitted common sewage system that is in chronic noncompliance to demonstrate to the division its financial ability to cover the estimated costs of operating and maintaining the common sewage system for a minimum period of five (5) years. (B) The division may require the permitted common sewage system that is in chronic noncompliance to submit a cost estimate for a third party to operate and maintain the common sewage system each year for a period of five (5) years. (2) The division shall not modify or renew a National Pollutant Discharge Elimination System permit or state permit for a common sewage system if the common sewage system facility is in chronic noncompliance and the common sewage system facility proposes to use new technology that in the discretion of the division cannot be verified to meet permit requirements.

(1) (A) The Division of Environmental Quality may require a permitted common sewage system that is in chronic noncompliance to demonstrate to the division its financial ability to cover the estimated costs of operating and maintaining the common sewage system for a minimum period of five (5) years. (B) The division may require the permitted common sewage system that is in chronic noncompliance to submit a cost estimate for a third party to operate and maintain the common sewage system each year for a period of five (5) years.

(A) The Division of Environmental Quality may require a permitted common sewage system that is in chronic noncompliance to demonstrate to the division its financial ability to cover the estimated costs of operating and maintaining the common sewage system for a minimum period of five (5) years.

(B) The division may require the permitted common sewage system that is in chronic noncompliance to submit a cost estimate for a third party to operate and maintain the common sewage system each year for a period of five (5) years.

(2) The division shall not modify or renew a National Pollutant Discharge Elimination System permit or state permit for a common sewage system if the common sewage system facility is in chronic noncompliance and the common sewage system facility proposes to use new technology that in the discretion of the division cannot be verified to meet permit requirements.

(b) The applicant's financial ability to operate and maintain the common sewage system for a period of five (5) years shall be demonstrated to the division by: (1) Obtaining insurance that specifically covers operation and maintenance costs; (2) Obtaining a letter of credit; (3) Obtaining a surety bond; (4) Obtaining a trust fund or an escrow account; or (5) Using a combination of insurance, letter of credit, surety bond, trust fund, or escrow account.

(1) Obtaining insurance that specifically covers operation and maintenance costs;

(2) Obtaining a letter of credit;

(3) Obtaining a surety bond;

(4) Obtaining a trust fund or an escrow account; or

(5) Using a combination of insurance, letter of credit, surety bond, trust fund, or escrow account.

(c) The division may require an amount of financial assurance that exceeds the cost estimate submitted by the applicant.

(d) A financial instrument required by this section shall be posted to the benefit of the division and shall remain in effect for the life of the permit.

(e) It is explicitly understood that the division shall not directly operate and shall not be responsible for the operation of any sewage system.

(f) This section does not restrict local and county government entities from enacting more stringent ordinances regulating nonmunicipal domestic treatment sewage systems in Arkansas.

Amended by Act 2019, No. 910,§ 2570, eff. 7/1/2019.

Acts 1995, No. 336, § 1; 1999, No. 1164, §§ 50, 51; 2007, No. 832, § 2; 2009, No. 409, § 2.
Ark. Code Ann. § 8-9-704 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-704
[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. § 8-7-503 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-503
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Federal act" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510; (3) "Fund" means the Hazardous Substance Remedial Action Trust Fund created by this subchapter; (4) "Hazardous substance" means: (A) As of March 21, 1985, any: (i) Substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A) ; (ii) Element, compound, mixture, solution, or substance designated pursuant to § 102 of Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9602 ; (iii) Hazardous waste, including polychlorinated biphenyls, as defined by the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules promulgated thereunder; (iv) Toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a) ; (v) Hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412 ; and (vi) Hazardous chemical substance or mixture regulated under § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606 ; and (B) Any other substance or pollutant designated by rules of the commission promulgated under this subchapter; (5) "Hazardous substance sites" means any sites or facilities where hazardous substances have been disposed of or from which there is a release or threatened release of hazardous substances; (6) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, state or federal government or agency, quasi-governmental agency, county government, school district, and planning and development district, or any other legal entity, however organized; (7) "Releases of hazardous substances" means any spilling, leaking, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous substances into the environment; (8) "Remedial action" means action necessary to effect permanent control, abatement, prevention, treatment, or containment of releases and threatened releases, including the removal of hazardous substances from the environment when removal is necessary to protect public health and the environment. Such actions are intended to include investigations designed to determine the need for and scope of remedial action and such planning, legal, fiscal, economic, engineering, geological, technical, or architectural studies as necessary to plan and direct remedial actions, to recover the cost thereof, and to enforce the provisions of this subchapter; (9) "Removal action" means: (A) The necessary cleanup or removal of a released hazardous substance from the environment; (B) Necessary actions taken in the event of a threatened release of a hazardous substance into the environment; (C) Actions necessary to monitor, test, analyze, and evaluate a release or threatened release of a hazardous substance; (D) Disposal or processing of removed material; or (E) Other actions necessary to prevent, minimize, or mitigate damage to the public health or welfare or the environment that may otherwise result from a release or threatened release; (10) "Threatened release" means, for the purpose of this subchapter, any situation in which a sudden or nonsudden release of hazardous substances can be reasonably expected unless prevented by change of operation or installation or construction of containment or treatment devices or by removal action or other remedial action; and (11) "Treatment", "storage", "disposal", "generation", and "hazardous waste" mean the same as provided in § 8-7-203 and the rules promulgated pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. Amended by Act 2019, No. 315,§ 630, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 629, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 628, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2751, eff. 7/1/2019. Amended by Act 2017, No. 1073,§ 2, eff. 8/1/2017. Acts 1985, No. 479, § 3; A.S.A. 1947, § 82-4714; Acts 1995, No. 125, § 2; 1997, No. 1042, § 12(a); 1999, No. 1164, §§ 98, 99; 2005, No. 1824, § 8.

As used in this subchapter:

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

(2) "Federal act" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510;

(3) "Fund" means the Hazardous Substance Remedial Action Trust Fund created by this subchapter;

(4) "Hazardous substance" means: (A) As of March 21, 1985, any: (i) Substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A) ; (ii) Element, compound, mixture, solution, or substance designated pursuant to § 102 of Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9602 ; (iii) Hazardous waste, including polychlorinated biphenyls, as defined by the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules promulgated thereunder; (iv) Toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a) ; (v) Hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412 ; and (vi) Hazardous chemical substance or mixture regulated under § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606 ; and (B) Any other substance or pollutant designated by rules of the commission promulgated under this subchapter;

(A) As of March 21, 1985, any: (i) Substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A) ; (ii) Element, compound, mixture, solution, or substance designated pursuant to § 102 of Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9602 ; (iii) Hazardous waste, including polychlorinated biphenyls, as defined by the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules promulgated thereunder; (iv) Toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a) ; (v) Hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412 ; and (vi) Hazardous chemical substance or mixture regulated under § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606 ; and

(i) Substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A) ;

(ii) Element, compound, mixture, solution, or substance designated pursuant to § 102 of Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9602 ;

(iii) Hazardous waste, including polychlorinated biphenyls, as defined by the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules promulgated thereunder;

(iv) Toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a) ;

(v) Hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412 ; and

(vi) Hazardous chemical substance or mixture regulated under § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606 ; and

(B) Any other substance or pollutant designated by rules of the commission promulgated under this subchapter;

(5) "Hazardous substance sites" means any sites or facilities where hazardous substances have been disposed of or from which there is a release or threatened release of hazardous substances;

(6) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, state or federal government or agency, quasi-governmental agency, county government, school district, and planning and development district, or any other legal entity, however organized;

(7) "Releases of hazardous substances" means any spilling, leaking, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous substances into the environment;

(8) "Remedial action" means action necessary to effect permanent control, abatement, prevention, treatment, or containment of releases and threatened releases, including the removal of hazardous substances from the environment when removal is necessary to protect public health and the environment. Such actions are intended to include investigations designed to determine the need for and scope of remedial action and such planning, legal, fiscal, economic, engineering, geological, technical, or architectural studies as necessary to plan and direct remedial actions, to recover the cost thereof, and to enforce the provisions of this subchapter;

(9) "Removal action" means: (A) The necessary cleanup or removal of a released hazardous substance from the environment; (B) Necessary actions taken in the event of a threatened release of a hazardous substance into the environment; (C) Actions necessary to monitor, test, analyze, and evaluate a release or threatened release of a hazardous substance; (D) Disposal or processing of removed material; or (E) Other actions necessary to prevent, minimize, or mitigate damage to the public health or welfare or the environment that may otherwise result from a release or threatened release;

(A) The necessary cleanup or removal of a released hazardous substance from the environment;

(B) Necessary actions taken in the event of a threatened release of a hazardous substance into the environment;

(C) Actions necessary to monitor, test, analyze, and evaluate a release or threatened release of a hazardous substance;

(D) Disposal or processing of removed material; or

(E) Other actions necessary to prevent, minimize, or mitigate damage to the public health or welfare or the environment that may otherwise result from a release or threatened release;

(10) "Threatened release" means, for the purpose of this subchapter, any situation in which a sudden or nonsudden release of hazardous substances can be reasonably expected unless prevented by change of operation or installation or construction of containment or treatment devices or by removal action or other remedial action; and

(11) "Treatment", "storage", "disposal", "generation", and "hazardous waste" mean the same as provided in § 8-7-203 and the rules promulgated pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

Amended by Act 2019, No. 315,§ 630, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 629, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 628, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2751, eff. 7/1/2019.

Amended by Act 2017, No. 1073,§ 2, eff. 8/1/2017.

Acts 1985, No. 479, § 3; A.S.A. 1947, § 82-4714; Acts 1995, No. 125, § 2; 1997, No. 1042, § 12(a); 1999, No. 1164, §§ 98, 99; 2005, No. 1824, § 8.
Ark. Code Ann. § 8-6-410 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-410
Notice to the public required
Status: in_force

The state shall erect signs containing pertinent portions of this subchapter along the public highways of this state and in all campgrounds and trailer parks, forestlands, and recreational areas, at all public beaches, and at other public places where persons are to be informed of the existence and content of this subchapter and the penalties for violating this subchapter's provisions. Acts 1977, No. 883, § 8; A.S.A. 1947, § 82-3908.

The state shall erect signs containing pertinent portions of this subchapter along the public highways of this state and in all campgrounds and trailer parks, forestlands, and recreational areas, at all public beaches, and at other public places where persons are to be informed of the existence and content of this subchapter and the penalties for violating this subchapter's provisions.

Acts 1977, No. 883, § 8; A.S.A. 1947, § 82-3908.
Ark. Code Ann. § 8-7-1015 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1015
Cause of action - Attorney's fees
Status: in_force

(a) Any citizen denied the rights granted to him or her by this subchapter may commence a civil action against a public employer or responsible official of a public employer in the Pulaski County Circuit Court or the circuit court of the residence of the aggrieved party, if an agency of the state is involved, or any of the circuit courts of the appropriate judicial districts when any other public employer is involved. Issuance of a cease and desist order by the Director of the Division of Labor shall not be a prerequisite to the commencement of such an action. (b) Upon written application of the person denied the rights provided for in this subchapter or any interested party, the circuit court having jurisdiction shall fix a day the petition is to be heard within seven (7) days of the date of the application of the petitioner and shall hear and determine the case. (c) The circuit courts shall have jurisdiction to restrain violations of this subchapter and to order all appropriate relief, including, but not limited to, the disclosure of chemical information, the rehiring or reinstatement of public employees discriminated against because of their exercise of their rights under this subchapter, and the payment of any compensation such public employees actually lost as a result of such violations. (d) Those who refuse to comply with the orders of the circuit court shall be found guilty of contempt of court. (e) In any action to enforce the rights granted by this subchapter or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who has substantially prevailed, unless the court finds that the position of the defendant was substantially justified or that other circumstances make an award of those expenses unjust. However, no expenses shall be assessed against the State of Arkansas or any of its agencies or departments. If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes. Amended by Act 2019, No. 910,§ 5278, eff. 7/1/2019. Acts 1991, No. 556, § 15; 1991, No. 1172, § 15.

(a) Any citizen denied the rights granted to him or her by this subchapter may commence a civil action against a public employer or responsible official of a public employer in the Pulaski County Circuit Court or the circuit court of the residence of the aggrieved party, if an agency of the state is involved, or any of the circuit courts of the appropriate judicial districts when any other public employer is involved. Issuance of a cease and desist order by the Director of the Division of Labor shall not be a prerequisite to the commencement of such an action.

(b) Upon written application of the person denied the rights provided for in this subchapter or any interested party, the circuit court having jurisdiction shall fix a day the petition is to be heard within seven (7) days of the date of the application of the petitioner and shall hear and determine the case.

(c) The circuit courts shall have jurisdiction to restrain violations of this subchapter and to order all appropriate relief, including, but not limited to, the disclosure of chemical information, the rehiring or reinstatement of public employees discriminated against because of their exercise of their rights under this subchapter, and the payment of any compensation such public employees actually lost as a result of such violations.

(d) Those who refuse to comply with the orders of the circuit court shall be found guilty of contempt of court.

(e) In any action to enforce the rights granted by this subchapter or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who has substantially prevailed, unless the court finds that the position of the defendant was substantially justified or that other circumstances make an award of those expenses unjust. However, no expenses shall be assessed against the State of Arkansas or any of its agencies or departments. If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes.

Amended by Act 2019, No. 910,§ 5278, eff. 7/1/2019.

Acts 1991, No. 556, § 15; 1991, No. 1172, § 15.
Ark. Code Ann. § 8-7-512 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-512
Liability for costs - Immunity from liability
Status: in_force

(a) Any of the following shall be liable to the state for all costs of remedial action or removal actions under this subchapter: (1) The owner and operator of a facility; (2) Any person who, at the time of disposal of any hazardous substance, owned or operated a hazardous substance site; (3) Any generator of hazardous substances who caused such a hazardous substance to be disposed of at a hazardous substance site or who causes a release or threatened release of the hazardous substances; or (4) Any transporter of hazardous substances who causes a release or threatened release of the hazardous substances or who selected a hazardous substance site for disposal of the hazardous substances. (b) (1) No person shall be liable under this subchapter for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat of a release of a hazardous substance. (2) (A) This subsection shall not preclude liability for damages as a result of gross negligence or intentional misconduct on the part of the person, nor shall this subsection preclude liability for damages and costs of remedial action or removal action of any person liable for such damages and costs pursuant to subsection (a) of this section. (B) For the purposes of subdivision (b)(2)(A) of this section, reckless, willful, or wanton misconduct shall constitute gross negligence. (c) (1) A person taking remedial action or removal action under this subchapter as a contractor for the department or division shall not be liable under this subchapter or under any other state law to any person for injuries, costs, damages, expenses, or other liability, including, but not limited to, claims for indemnification or contribution and claims by third parties for death, personal injury, illness, loss of or damage to property, or economic loss resulting from a release or threatened release of hazardous substances. (2) However, the provisions of this subsection shall not apply in case of a release that is caused by the conduct of the person taking remedial action or removal action that is negligent or grossly negligent or which constitutes intentional misconduct. (d) A state employee or an employee of a political subdivision who provides services relating to remedial action or removal action while acting within the scope of his or her authority as a governmental employee shall have the same exemption from liability, subject to the other provisions of this section, as is provided to the removal action or remediation action contractor under subsection (c) of this section. (e) (1) Nothing in subsection (c) or subsection (d) of this section shall affect the liability of any person under warranty under state or common law. (2) Nothing in this subsection shall affect the liability of an employer taking remedial action or removal action to any employee of any such employer under any provision of law, including any provision of any law relating to workers' compensation. Amended by Act 2019, No. 910,§ 2765, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2764, eff. 7/1/2019. Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719; Acts 1987, No. 761, § 4; 1989, No. 441, § 2; 2005, No. 1824, § 3.

(a) Any of the following shall be liable to the state for all costs of remedial action or removal actions under this subchapter: (1) The owner and operator of a facility; (2) Any person who, at the time of disposal of any hazardous substance, owned or operated a hazardous substance site; (3) Any generator of hazardous substances who caused such a hazardous substance to be disposed of at a hazardous substance site or who causes a release or threatened release of the hazardous substances; or (4) Any transporter of hazardous substances who causes a release or threatened release of the hazardous substances or who selected a hazardous substance site for disposal of the hazardous substances.

(1) The owner and operator of a facility;

(2) Any person who, at the time of disposal of any hazardous substance, owned or operated a hazardous substance site;

(3) Any generator of hazardous substances who caused such a hazardous substance to be disposed of at a hazardous substance site or who causes a release or threatened release of the hazardous substances; or

(4) Any transporter of hazardous substances who causes a release or threatened release of the hazardous substances or who selected a hazardous substance site for disposal of the hazardous substances.

(b) (1) No person shall be liable under this subchapter for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat of a release of a hazardous substance. (2) (A) This subsection shall not preclude liability for damages as a result of gross negligence or intentional misconduct on the part of the person, nor shall this subsection preclude liability for damages and costs of remedial action or removal action of any person liable for such damages and costs pursuant to subsection (a) of this section. (B) For the purposes of subdivision (b)(2)(A) of this section, reckless, willful, or wanton misconduct shall constitute gross negligence.

(1) No person shall be liable under this subchapter for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat of a release of a hazardous substance.

(2) (A) This subsection shall not preclude liability for damages as a result of gross negligence or intentional misconduct on the part of the person, nor shall this subsection preclude liability for damages and costs of remedial action or removal action of any person liable for such damages and costs pursuant to subsection (a) of this section. (B) For the purposes of subdivision (b)(2)(A) of this section, reckless, willful, or wanton misconduct shall constitute gross negligence.

(A) This subsection shall not preclude liability for damages as a result of gross negligence or intentional misconduct on the part of the person, nor shall this subsection preclude liability for damages and costs of remedial action or removal action of any person liable for such damages and costs pursuant to subsection (a) of this section.

(B) For the purposes of subdivision (b)(2)(A) of this section, reckless, willful, or wanton misconduct shall constitute gross negligence.

(c) (1) A person taking remedial action or removal action under this subchapter as a contractor for the department or division shall not be liable under this subchapter or under any other state law to any person for injuries, costs, damages, expenses, or other liability, including, but not limited to, claims for indemnification or contribution and claims by third parties for death, personal injury, illness, loss of or damage to property, or economic loss resulting from a release or threatened release of hazardous substances. (2) However, the provisions of this subsection shall not apply in case of a release that is caused by the conduct of the person taking remedial action or removal action that is negligent or grossly negligent or which constitutes intentional misconduct.

(1) A person taking remedial action or removal action under this subchapter as a contractor for the department or division shall not be liable under this subchapter or under any other state law to any person for injuries, costs, damages, expenses, or other liability, including, but not limited to, claims for indemnification or contribution and claims by third parties for death, personal injury, illness, loss of or damage to property, or economic loss resulting from a release or threatened release of hazardous substances.

(2) However, the provisions of this subsection shall not apply in case of a release that is caused by the conduct of the person taking remedial action or removal action that is negligent or grossly negligent or which constitutes intentional misconduct.

(d) A state employee or an employee of a political subdivision who provides services relating to remedial action or removal action while acting within the scope of his or her authority as a governmental employee shall have the same exemption from liability, subject to the other provisions of this section, as is provided to the removal action or remediation action contractor under subsection (c) of this section.

(e) (1) Nothing in subsection (c) or subsection (d) of this section shall affect the liability of any person under warranty under state or common law. (2) Nothing in this subsection shall affect the liability of an employer taking remedial action or removal action to any employee of any such employer under any provision of law, including any provision of any law relating to workers' compensation.

(1) Nothing in subsection (c) or subsection (d) of this section shall affect the liability of any person under warranty under state or common law.

(2) Nothing in this subsection shall affect the liability of an employer taking remedial action or removal action to any employee of any such employer under any provision of law, including any provision of any law relating to workers' compensation.

Amended by Act 2019, No. 910,§ 2765, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2764, eff. 7/1/2019.

Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719; Acts 1987, No. 761, § 4; 1989, No. 441, § 2; 2005, No. 1824, § 3.
Ark. Code Ann. § 8-3-202 — AR Code / Title 8 / Chapter 3 / Subchapter 2 / Section 8-3-202
Definitions
Status: in_force

As used in this subchapter: (1) "Covered electric generating unit" means an existing fossil-fuel-fired electric generating unit within the state that is subject to regulation under federal emission guidelines; (2) "Federal emission guidelines" means a final rule, regulation, guideline, or other requirement that the United States Environmental Protection Agency may adopt for regulating carbon dioxide emissions from covered electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) ; and (3) "State plan" means a plan to establish and enforce carbon dioxide emission control measures that the Division of Environmental Quality may adopt to implement the obligations of the state under the federal emission guidelines. Amended by Act 2019, No. 910,§ 2454, eff. 7/1/2019. Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Covered electric generating unit" means an existing fossil-fuel-fired electric generating unit within the state that is subject to regulation under federal emission guidelines;

(2) "Federal emission guidelines" means a final rule, regulation, guideline, or other requirement that the United States Environmental Protection Agency may adopt for regulating carbon dioxide emissions from covered electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) ; and

(3) "State plan" means a plan to establish and enforce carbon dioxide emission control measures that the Division of Environmental Quality may adopt to implement the obligations of the state under the federal emission guidelines.

Amended by Act 2019, No. 910,§ 2454, eff. 7/1/2019.

Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 8-7-816 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-816
Secondary containment
Status: in_force

(a) (1) Each new underground storage tank or piping connected to any new underground storage tank shall be secondarily contained and monitored for leaks. (2) In the case of a new underground storage tank system consisting of one (1) or more underground storage tanks and connected by piping, the requirement to provide secondary containment shall apply to all underground storage tanks and connected pipes comprising such underground storage tank system. (b) (1) Any existing underground storage tank or existing piping connected to an existing underground storage tank that is replaced shall be secondarily contained and monitored for leaks. (2) In the case of a replacement of an existing underground storage tank or existing piping connected to the underground storage tank, the requirement to provide secondary containment shall apply only to the specific underground storage tank or piping being replaced, not to other underground storage tanks and connected pipes comprising such underground storage tank system. (c) (1) Each installation of a new motor fuel dispenser system or replacement of an existing motor fuel dispenser system shall include under-dispenser spill containment. (2) A motor fuel dispenser system is considered to have been replaced when an existing motor fuel dispenser and the equipment necessary to connect the motor fuel dispenser to the underground storage tank system are removed and another motor fuel dispenser and the equipment necessary to connect the motor fuel dispenser to the underground storage tank system are put in its place. (d) All secondary containment installed shall comply with federal regulations for underground storage tanks and the rules adopted under this subchapter. (e) Any person violating any provision of this section shall be subject to the provisions of § 8-7-806 . Amended by Act 2019, No. 315,§ 664, eff. 7/24/2019. Amended by Act 2017, No. 534,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 534,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 534,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 534,§ 1, eff. 8/1/2017. Acts 2007, No. 264, § 4.

(a) (1) Each new underground storage tank or piping connected to any new underground storage tank shall be secondarily contained and monitored for leaks. (2) In the case of a new underground storage tank system consisting of one (1) or more underground storage tanks and connected by piping, the requirement to provide secondary containment shall apply to all underground storage tanks and connected pipes comprising such underground storage tank system.

(1) Each new underground storage tank or piping connected to any new underground storage tank shall be secondarily contained and monitored for leaks.

(2) In the case of a new underground storage tank system consisting of one (1) or more underground storage tanks and connected by piping, the requirement to provide secondary containment shall apply to all underground storage tanks and connected pipes comprising such underground storage tank system.

(b) (1) Any existing underground storage tank or existing piping connected to an existing underground storage tank that is replaced shall be secondarily contained and monitored for leaks. (2) In the case of a replacement of an existing underground storage tank or existing piping connected to the underground storage tank, the requirement to provide secondary containment shall apply only to the specific underground storage tank or piping being replaced, not to other underground storage tanks and connected pipes comprising such underground storage tank system.

(1) Any existing underground storage tank or existing piping connected to an existing underground storage tank that is replaced shall be secondarily contained and monitored for leaks.

(2) In the case of a replacement of an existing underground storage tank or existing piping connected to the underground storage tank, the requirement to provide secondary containment shall apply only to the specific underground storage tank or piping being replaced, not to other underground storage tanks and connected pipes comprising such underground storage tank system.

(c) (1) Each installation of a new motor fuel dispenser system or replacement of an existing motor fuel dispenser system shall include under-dispenser spill containment. (2) A motor fuel dispenser system is considered to have been replaced when an existing motor fuel dispenser and the equipment necessary to connect the motor fuel dispenser to the underground storage tank system are removed and another motor fuel dispenser and the equipment necessary to connect the motor fuel dispenser to the underground storage tank system are put in its place.

(1) Each installation of a new motor fuel dispenser system or replacement of an existing motor fuel dispenser system shall include under-dispenser spill containment.

(2) A motor fuel dispenser system is considered to have been replaced when an existing motor fuel dispenser and the equipment necessary to connect the motor fuel dispenser to the underground storage tank system are removed and another motor fuel dispenser and the equipment necessary to connect the motor fuel dispenser to the underground storage tank system are put in its place.

(d) All secondary containment installed shall comply with federal regulations for underground storage tanks and the rules adopted under this subchapter.

(e) Any person violating any provision of this section shall be subject to the provisions of § 8-7-806 .

Amended by Act 2019, No. 315,§ 664, eff. 7/24/2019.

Amended by Act 2017, No. 534,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 534,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 534,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 534,§ 1, eff. 8/1/2017.

Acts 2007, No. 264, § 4.
Ark. Code Ann. § 8-6-2015 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2015
Hearing on an environmental citation - Penalties
Status: in_force

(a) (1) (A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the court named within the citation at the location and time designated in the citation. (B) The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the alleged environmental violation. (2) If, as verified by the environmental officer, the alleged environmental violation is remediated by the alleged violator within the time period established under § 8-6-2016 using the procedure under this subchapter, the court shall dismiss the matter from the docket without hearing. (3) If the environmental officer extends the time period for remediation under § 8-6-2016(c) , the court shall reschedule the hearing for not more than thirty (30) days after the extension for remediation. (b) A court of competent jurisdiction over a citation issued by an environmental officer may issue penalties under § 8-6-204 . (c) (1) A judgment entered under this subchapter: (A) May be enforced in the same manner as any other judgment; and (B) Is a final decision for purposes of appellate review. (2) A person against which the judgment is entered by a district court may appeal the decision to circuit court. (d) A judgment entered under this subchapter does not preclude claims under § 8-6-206 by another person. Amended by Act 2021, No. 749,§ 10, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) (1) (A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the court named within the citation at the location and time designated in the citation. (B) The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the alleged environmental violation. (2) If, as verified by the environmental officer, the alleged environmental violation is remediated by the alleged violator within the time period established under § 8-6-2016 using the procedure under this subchapter, the court shall dismiss the matter from the docket without hearing. (3) If the environmental officer extends the time period for remediation under § 8-6-2016(c) , the court shall reschedule the hearing for not more than thirty (30) days after the extension for remediation.

(1) (A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the court named within the citation at the location and time designated in the citation. (B) The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the alleged environmental violation.

(A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the court named within the citation at the location and time designated in the citation.

(B) The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the alleged environmental violation.

(2) If, as verified by the environmental officer, the alleged environmental violation is remediated by the alleged violator within the time period established under § 8-6-2016 using the procedure under this subchapter, the court shall dismiss the matter from the docket without hearing.

(3) If the environmental officer extends the time period for remediation under § 8-6-2016(c) , the court shall reschedule the hearing for not more than thirty (30) days after the extension for remediation.

(b) A court of competent jurisdiction over a citation issued by an environmental officer may issue penalties under § 8-6-204 .

(c) (1) A judgment entered under this subchapter: (A) May be enforced in the same manner as any other judgment; and (B) Is a final decision for purposes of appellate review. (2) A person against which the judgment is entered by a district court may appeal the decision to circuit court.

(1) A judgment entered under this subchapter: (A) May be enforced in the same manner as any other judgment; and (B) Is a final decision for purposes of appellate review.

(A) May be enforced in the same manner as any other judgment; and

(B) Is a final decision for purposes of appellate review.

(2) A person against which the judgment is entered by a district court may appeal the decision to circuit court.

(d) A judgment entered under this subchapter does not preclude claims under § 8-6-206 by another person.

Amended by Act 2021, No. 749,§ 10, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-7-1303 — AR Code / Title 8 / Chapter 7 / Subchapter 13 / Section 8-7-1303
Definitions
Status: in_force

As used in this subchapter: (1) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, state or the United States Government or agency, or any other legal entity however organized; (2) "Phase I consultant" means a person that performs a Phase I environmental site assessment for a fee or in conjunction with other services for which a fee is charged; and (3) "Phase I environmental site assessment" means an assessment defined as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, and the rules promulgated under the Small Business Liability Relief and Brownfields Revitalization Act or a Phase I environmental site assessment as that term is used in the American Society for Testing and Materials standard E1527-00 as in effect on January 1, 2005. Acts 2005, No. 2141, § 1; 2007, No. 827, § 120; 2007, No. 1018, § 1.

As used in this subchapter:

(1) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, state or the United States Government or agency, or any other legal entity however organized;

(2) "Phase I consultant" means a person that performs a Phase I environmental site assessment for a fee or in conjunction with other services for which a fee is charged; and

(3) "Phase I environmental site assessment" means an assessment defined as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, and the rules promulgated under the Small Business Liability Relief and Brownfields Revitalization Act or a Phase I environmental site assessment as that term is used in the American Society for Testing and Materials standard E1527-00 as in effect on January 1, 2005.

Acts 2005, No. 2141, § 1; 2007, No. 827, § 120; 2007, No. 1018, § 1.
Ark. Code Ann. § 8-3-207 — AR Code / Title 8 / Chapter 3 / Subchapter 2 / Section 8-3-207
Procedures for approval of state plan
Status: in_force

(a) After the conclusion of the public comment period under § 8-4-317 and before transmitting a state plan to the Governor for submission of the state plan to the United States Environmental Protection Agency, the Division of Environmental Quality shall transmit to the cochairs of the Legislative Council a copy of the state plan and the accompanying reports developed under § 8-3-205 . (b) (1) Upon receiving the state plan and the accompanying report transmitted under subsection (a) of this section and after sufficient time has been provided to assess the state plan and the accompanying report, the Legislative Council shall vote on approval of the state plan. (2) An affirmative majority vote of the Legislative Council is required for approval of the state plan. (c) If the Legislative Council fails to approve a state plan under subsection (b) of this section, the division may submit a revised version of the state plan, with an accompanying revised report, to the cochairs of the Legislative Council for approval under this section. (d) Notwithstanding the provisions of this subchapter, in the absence of legislative approval under subsection (b) of this section, the Governor may direct the submission of a state plan to the United States Environmental Protection Agency if, in his or her judgment: (1) Sufficient time has passed for the Legislative Council to consider a state plan submitted by the division for legislative approval; (2) Further delay would result in the failure to submit a state plan by the relevant deadline for submission; and (3) Failure to submit a state plan would result in the imposition of a federal implementation plan. (e) This subchapter does not eliminate the requirement of legislative approval of rules promulgated to implement or enforce the state plan subsequently to gubernatorial action under subsection (d) of this section. Amended by Act 2021, No. 639,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 639,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 448, eff. 7/24/2019. Amended by Act 2019, No. 934,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 934,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2465, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2464, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2463, eff. 7/1/2019. Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

(a) After the conclusion of the public comment period under § 8-4-317 and before transmitting a state plan to the Governor for submission of the state plan to the United States Environmental Protection Agency, the Division of Environmental Quality shall transmit to the cochairs of the Legislative Council a copy of the state plan and the accompanying reports developed under § 8-3-205 .

(b) (1) Upon receiving the state plan and the accompanying report transmitted under subsection (a) of this section and after sufficient time has been provided to assess the state plan and the accompanying report, the Legislative Council shall vote on approval of the state plan. (2) An affirmative majority vote of the Legislative Council is required for approval of the state plan.

(1) Upon receiving the state plan and the accompanying report transmitted under subsection (a) of this section and after sufficient time has been provided to assess the state plan and the accompanying report, the Legislative Council shall vote on approval of the state plan.

(2) An affirmative majority vote of the Legislative Council is required for approval of the state plan.

(c) If the Legislative Council fails to approve a state plan under subsection (b) of this section, the division may submit a revised version of the state plan, with an accompanying revised report, to the cochairs of the Legislative Council for approval under this section.

(d) Notwithstanding the provisions of this subchapter, in the absence of legislative approval under subsection (b) of this section, the Governor may direct the submission of a state plan to the United States Environmental Protection Agency if, in his or her judgment: (1) Sufficient time has passed for the Legislative Council to consider a state plan submitted by the division for legislative approval; (2) Further delay would result in the failure to submit a state plan by the relevant deadline for submission; and (3) Failure to submit a state plan would result in the imposition of a federal implementation plan.

(1) Sufficient time has passed for the Legislative Council to consider a state plan submitted by the division for legislative approval;

(2) Further delay would result in the failure to submit a state plan by the relevant deadline for submission; and

(3) Failure to submit a state plan would result in the imposition of a federal implementation plan.

(e) This subchapter does not eliminate the requirement of legislative approval of rules promulgated to implement or enforce the state plan subsequently to gubernatorial action under subsection (d) of this section.

Amended by Act 2021, No. 639,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 639,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 448, eff. 7/24/2019.

Amended by Act 2019, No. 934,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 934,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2465, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2464, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2463, eff. 7/1/2019.

Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 8-4-102 — AR Code / Title 8 / Chapter 4 / Subchapter 1 / Section 8-4-102
Definitions
Status: in_force

As used in this chapter: (1) "Any wastes" and "pollutants" include sewage, industrial wastes, or other wastes; (2) "Discharge into the waters of the state" means a discharge of any wastes in any manner that directly or indirectly permits such wastes to reach any of the waters of the state; (3) "Disposal system" means a system for disposing of sewage, industrial waste, and other wastes and includes sewer systems and treatment works; (4) "Industrial waste" means any liquid, gaseous, or solid waste substance resulting from any process of industry, mining, manufacturing, trade, or business or from the development of any natural resources; (5) "Other wastes" means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, oil, tar chemicals, and all other organic or inorganic substances, not including sewage or industrial waste that may be discharged into the waters of the state; (6) "Person" means any state agency, municipality, governmental subdivision of the state or the United States, public or private corporation, individual, partnership, association, or other entity; (7) "Pollution" means such contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, or such discharge of any liquid, gaseous, or solid substance in any waters of the state as will, or is likely to, render the waters harmful, detrimental, or injurious to public health, safety, or welfare, to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life; (8) "Sewage" means the water-carried waste products from residences, public buildings, institutions, or other buildings, including the excrementitious or other discharge from the bodies of humans or animals, together with such groundwater infiltration and surface water as may be present; (9) "Sewer system" means pipelines or conduits, pumping stations, and force mains, and all other constructions, devices, and appliances appurtenant thereto, which are used for conducting sewage or industrial waste or other wastes to a point of disposal; (10) "Treatment works" means any plant, disposal field, lagoon, dam, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary landfills, or other works not specifically mentioned in this section, which is installed for the purpose of treating, stabilizing, or disposing of sewage, industrial waste, or other wastes; and (11) "Waters of the state" means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion of the state. Acts 1949, No. 472 [Part 1], § 1; 1961, No. 120, §§ 1, 2; 1975, No. 743, §§ 2, 3; A.S.A. 1947, § 82-1902; Acts 1993, No. 163, § 9; 1993, No. 165, § 9.

As used in this chapter:

(1) "Any wastes" and "pollutants" include sewage, industrial wastes, or other wastes;

(2) "Discharge into the waters of the state" means a discharge of any wastes in any manner that directly or indirectly permits such wastes to reach any of the waters of the state;

(3) "Disposal system" means a system for disposing of sewage, industrial waste, and other wastes and includes sewer systems and treatment works;

(4) "Industrial waste" means any liquid, gaseous, or solid waste substance resulting from any process of industry, mining, manufacturing, trade, or business or from the development of any natural resources;

(5) "Other wastes" means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, oil, tar chemicals, and all other organic or inorganic substances, not including sewage or industrial waste that may be discharged into the waters of the state;

(6) "Person" means any state agency, municipality, governmental subdivision of the state or the United States, public or private corporation, individual, partnership, association, or other entity;

(7) "Pollution" means such contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, or such discharge of any liquid, gaseous, or solid substance in any waters of the state as will, or is likely to, render the waters harmful, detrimental, or injurious to public health, safety, or welfare, to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life;

(8) "Sewage" means the water-carried waste products from residences, public buildings, institutions, or other buildings, including the excrementitious or other discharge from the bodies of humans or animals, together with such groundwater infiltration and surface water as may be present;

(9) "Sewer system" means pipelines or conduits, pumping stations, and force mains, and all other constructions, devices, and appliances appurtenant thereto, which are used for conducting sewage or industrial waste or other wastes to a point of disposal;

(10) "Treatment works" means any plant, disposal field, lagoon, dam, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary landfills, or other works not specifically mentioned in this section, which is installed for the purpose of treating, stabilizing, or disposing of sewage, industrial waste, or other wastes; and

(11) "Waters of the state" means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion of the state.

Acts 1949, No. 472 [Part 1], § 1; 1961, No. 120, §§ 1, 2; 1975, No. 743, §§ 2, 3; A.S.A. 1947, § 82-1902; Acts 1993, No. 163, § 9; 1993, No. 165, § 9.
Ark. Code Ann. § 8-7-1405 — AR Code / Title 8 / Chapter 7 / Subchapter 14 / Section 8-7-1405
Notice - Cleanup - Residual contamination
Status: in_force

(a) If a law enforcement officer discovers a laboratory for the manufacture of controlled substances or arrests a person for having equipment used in manufacturing controlled substances on any real property, the law enforcement officer shall at the time of the discovery or arrest deliver a copy of the notice of removal required under subsection (d) of this section to: (1) The owner of the real property if the owner is present at the time of the discovery or arrest; (2) The on-site manager if the on-site manager is present at the time of the discovery or arrest; (3) An on-site drop box if available; or (4) In the case of a tenant-owner unit in a space-rental mobile home or a recreational vehicle park to: (A) The occupant if the occupant is on site at the time of delivery; or (B) The on-site park landlord if the on-site park landlord is present at the time of delivery. (b) (1) If neither the owner nor the on-site manager of a property used in manufacturing controlled substances is on the property at the time of the discovery of or arrest regarding a laboratory for the manufacture of controlled substances, the law enforcement officer shall make every reasonable effort to obtain the necessary contact information concerning the owner from the tenant, property manager, or neighbors. (2) Within five (5) business days after the discovery of or arrest regarding a laboratory for the manufacture of controlled substances, the law enforcement officer shall send the notice of removal required under subsection (d) of this section by certified mail and regular mail to the owner of the property and the owner's on-site manager or, in the case of a space-rental mobile home or a recreational vehicle park, to the park landlord. (3) The Division of Environmental Quality shall cooperate with the Arkansas Crime Information Center to create a computer link that will allow the center to transfer to the division information from the National Clandestine Laboratory Seizure Report required under 28 C.F.R. Part 23 that is relevant to the notice of removal required under subsection (d) of this section. (c) (1) At the time a law enforcement officer removes the gross contamination from property used as a laboratory for the manufacture of controlled substances, the law enforcement officer shall order the removal of all persons from the residually contaminated portion of the property or dwelling unit or, in the case of a space-rental mobile home or a recreational vehicle park, from the unit located on the property. (2) After the law enforcement officer removes all persons under subdivision (c)(1) of this section, the law enforcement officer shall affix the notice of removal required under subsection (d) of this section in a conspicuous place on the property or, in the case of a space-rental mobile home or a recreational vehicle park, on the unit located on the property. (d) The notice of removal under this section shall be in writing and shall contain all of the following: (1) The word "WARNING" in large bold type at the top and the bottom of the notice; (2) The date of the seizure and removal; (3) The address or location of the property, including the identification of any dwelling unit, room number, apartment number, or vehicle number; (4) The name of the law enforcement agency that seized the laboratory for the manufacture of controlled substances and the law enforcement agency's contact telephone number; (5) A list of telephone numbers and contact information for all local and state agencies involved in the process of remediation; (6) The contact numbers for local and state agencies associated with the cleanup of laboratories for the manufacture of controlled substances; and (7) A statement that: (A) A laboratory for the manufacture of controlled substances was discovered on the property; (B) Chemicals or equipment, or both, that were used in the manufacture of controlled substances were seized at the property; (C) Hazardous substances, toxic chemicals, or other waste products may still be present on the property or, in the case of a space-rental mobile home or a recreational vehicle park, in the unit located on the property; (D) (i) It is unlawful for any unauthorized person to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property until the division establishes that the portion of the property identified as residually contaminated has been properly remediated. (ii) The following persons are authorized to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property: (a) An employee of the division; (b) A law enforcement officer; (c) The owner of a residually contaminated property; and (d) A representative of an owner of a residually contaminated property if the representative has signed a waiver of liability; (E) Failure to comply with this section is a violation of the division's rules pertaining to the cleanup of laboratories for the manufacture of controlled substances; (F) Disturbing the notice of removal posted on the property is a violation of the division's rules concerning the cleanup of laboratories for the manufacture of controlled substances; and (G) The owner of the property is responsible for remediating the residually contaminated portion of the property in compliance with the division's rules concerning the cleanup of laboratories for the manufacture of controlled substances. Amended by Act 2019, No. 910,§ 2852, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2851, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2850, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2849, eff. 7/1/2019. Acts 2007, No. 864, § 1; 2009, No. 1199, § 11.

(a) If a law enforcement officer discovers a laboratory for the manufacture of controlled substances or arrests a person for having equipment used in manufacturing controlled substances on any real property, the law enforcement officer shall at the time of the discovery or arrest deliver a copy of the notice of removal required under subsection (d) of this section to: (1) The owner of the real property if the owner is present at the time of the discovery or arrest; (2) The on-site manager if the on-site manager is present at the time of the discovery or arrest; (3) An on-site drop box if available; or (4) In the case of a tenant-owner unit in a space-rental mobile home or a recreational vehicle park to: (A) The occupant if the occupant is on site at the time of delivery; or (B) The on-site park landlord if the on-site park landlord is present at the time of delivery.

(1) The owner of the real property if the owner is present at the time of the discovery or arrest;

(2) The on-site manager if the on-site manager is present at the time of the discovery or arrest;

(3) An on-site drop box if available; or

(4) In the case of a tenant-owner unit in a space-rental mobile home or a recreational vehicle park to: (A) The occupant if the occupant is on site at the time of delivery; or (B) The on-site park landlord if the on-site park landlord is present at the time of delivery.

(A) The occupant if the occupant is on site at the time of delivery; or

(B) The on-site park landlord if the on-site park landlord is present at the time of delivery.

(b) (1) If neither the owner nor the on-site manager of a property used in manufacturing controlled substances is on the property at the time of the discovery of or arrest regarding a laboratory for the manufacture of controlled substances, the law enforcement officer shall make every reasonable effort to obtain the necessary contact information concerning the owner from the tenant, property manager, or neighbors. (2) Within five (5) business days after the discovery of or arrest regarding a laboratory for the manufacture of controlled substances, the law enforcement officer shall send the notice of removal required under subsection (d) of this section by certified mail and regular mail to the owner of the property and the owner's on-site manager or, in the case of a space-rental mobile home or a recreational vehicle park, to the park landlord. (3) The Division of Environmental Quality shall cooperate with the Arkansas Crime Information Center to create a computer link that will allow the center to transfer to the division information from the National Clandestine Laboratory Seizure Report required under 28 C.F.R. Part 23 that is relevant to the notice of removal required under subsection (d) of this section.

(1) If neither the owner nor the on-site manager of a property used in manufacturing controlled substances is on the property at the time of the discovery of or arrest regarding a laboratory for the manufacture of controlled substances, the law enforcement officer shall make every reasonable effort to obtain the necessary contact information concerning the owner from the tenant, property manager, or neighbors.

(2) Within five (5) business days after the discovery of or arrest regarding a laboratory for the manufacture of controlled substances, the law enforcement officer shall send the notice of removal required under subsection (d) of this section by certified mail and regular mail to the owner of the property and the owner's on-site manager or, in the case of a space-rental mobile home or a recreational vehicle park, to the park landlord.

(3) The Division of Environmental Quality shall cooperate with the Arkansas Crime Information Center to create a computer link that will allow the center to transfer to the division information from the National Clandestine Laboratory Seizure Report required under 28 C.F.R. Part 23 that is relevant to the notice of removal required under subsection (d) of this section.

(c) (1) At the time a law enforcement officer removes the gross contamination from property used as a laboratory for the manufacture of controlled substances, the law enforcement officer shall order the removal of all persons from the residually contaminated portion of the property or dwelling unit or, in the case of a space-rental mobile home or a recreational vehicle park, from the unit located on the property. (2) After the law enforcement officer removes all persons under subdivision (c)(1) of this section, the law enforcement officer shall affix the notice of removal required under subsection (d) of this section in a conspicuous place on the property or, in the case of a space-rental mobile home or a recreational vehicle park, on the unit located on the property.

(1) At the time a law enforcement officer removes the gross contamination from property used as a laboratory for the manufacture of controlled substances, the law enforcement officer shall order the removal of all persons from the residually contaminated portion of the property or dwelling unit or, in the case of a space-rental mobile home or a recreational vehicle park, from the unit located on the property.

(2) After the law enforcement officer removes all persons under subdivision (c)(1) of this section, the law enforcement officer shall affix the notice of removal required under subsection (d) of this section in a conspicuous place on the property or, in the case of a space-rental mobile home or a recreational vehicle park, on the unit located on the property.

(d) The notice of removal under this section shall be in writing and shall contain all of the following: (1) The word "WARNING" in large bold type at the top and the bottom of the notice; (2) The date of the seizure and removal; (3) The address or location of the property, including the identification of any dwelling unit, room number, apartment number, or vehicle number; (4) The name of the law enforcement agency that seized the laboratory for the manufacture of controlled substances and the law enforcement agency's contact telephone number; (5) A list of telephone numbers and contact information for all local and state agencies involved in the process of remediation; (6) The contact numbers for local and state agencies associated with the cleanup of laboratories for the manufacture of controlled substances; and (7) A statement that: (A) A laboratory for the manufacture of controlled substances was discovered on the property; (B) Chemicals or equipment, or both, that were used in the manufacture of controlled substances were seized at the property; (C) Hazardous substances, toxic chemicals, or other waste products may still be present on the property or, in the case of a space-rental mobile home or a recreational vehicle park, in the unit located on the property; (D) (i) It is unlawful for any unauthorized person to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property until the division establishes that the portion of the property identified as residually contaminated has been properly remediated. (ii) The following persons are authorized to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property: (a) An employee of the division; (b) A law enforcement officer; (c) The owner of a residually contaminated property; and (d) A representative of an owner of a residually contaminated property if the representative has signed a waiver of liability; (E) Failure to comply with this section is a violation of the division's rules pertaining to the cleanup of laboratories for the manufacture of controlled substances; (F) Disturbing the notice of removal posted on the property is a violation of the division's rules concerning the cleanup of laboratories for the manufacture of controlled substances; and (G) The owner of the property is responsible for remediating the residually contaminated portion of the property in compliance with the division's rules concerning the cleanup of laboratories for the manufacture of controlled substances.

(1) The word "WARNING" in large bold type at the top and the bottom of the notice;

(2) The date of the seizure and removal;

(3) The address or location of the property, including the identification of any dwelling unit, room number, apartment number, or vehicle number;

(4) The name of the law enforcement agency that seized the laboratory for the manufacture of controlled substances and the law enforcement agency's contact telephone number;

(5) A list of telephone numbers and contact information for all local and state agencies involved in the process of remediation;

(6) The contact numbers for local and state agencies associated with the cleanup of laboratories for the manufacture of controlled substances; and

(7) A statement that: (A) A laboratory for the manufacture of controlled substances was discovered on the property; (B) Chemicals or equipment, or both, that were used in the manufacture of controlled substances were seized at the property; (C) Hazardous substances, toxic chemicals, or other waste products may still be present on the property or, in the case of a space-rental mobile home or a recreational vehicle park, in the unit located on the property; (D) (i) It is unlawful for any unauthorized person to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property until the division establishes that the portion of the property identified as residually contaminated has been properly remediated. (ii) The following persons are authorized to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property: (a) An employee of the division; (b) A law enforcement officer; (c) The owner of a residually contaminated property; and (d) A representative of an owner of a residually contaminated property if the representative has signed a waiver of liability; (E) Failure to comply with this section is a violation of the division's rules pertaining to the cleanup of laboratories for the manufacture of controlled substances; (F) Disturbing the notice of removal posted on the property is a violation of the division's rules concerning the cleanup of laboratories for the manufacture of controlled substances; and (G) The owner of the property is responsible for remediating the residually contaminated portion of the property in compliance with the division's rules concerning the cleanup of laboratories for the manufacture of controlled substances.

(A) A laboratory for the manufacture of controlled substances was discovered on the property;

(B) Chemicals or equipment, or both, that were used in the manufacture of controlled substances were seized at the property;

(C) Hazardous substances, toxic chemicals, or other waste products may still be present on the property or, in the case of a space-rental mobile home or a recreational vehicle park, in the unit located on the property;

(D) (i) It is unlawful for any unauthorized person to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property until the division establishes that the portion of the property identified as residually contaminated has been properly remediated. (ii) The following persons are authorized to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property: (a) An employee of the division; (b) A law enforcement officer; (c) The owner of a residually contaminated property; and (d) A representative of an owner of a residually contaminated property if the representative has signed a waiver of liability;

(i) It is unlawful for any unauthorized person to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property until the division establishes that the portion of the property identified as residually contaminated has been properly remediated.

(ii) The following persons are authorized to enter a residually contaminated property or, in the case of a space-rental mobile home or recreational vehicle park, the unit located on the property: (a) An employee of the division; (b) A law enforcement officer; (c) The owner of a residually contaminated property; and (d) A representative of an owner of a residually contaminated property if the representative has signed a waiver of liability;

(a) An employee of the division;

(b) A law enforcement officer;

(c) The owner of a residually contaminated property; and

(d) A representative of an owner of a residually contaminated property if the representative has signed a waiver of liability;

(E) Failure to comply with this section is a violation of the division's rules pertaining to the cleanup of laboratories for the manufacture of controlled substances;

(F) Disturbing the notice of removal posted on the property is a violation of the division's rules concerning the cleanup of laboratories for the manufacture of controlled substances; and

(G) The owner of the property is responsible for remediating the residually contaminated portion of the property in compliance with the division's rules concerning the cleanup of laboratories for the manufacture of controlled substances.

Amended by Act 2019, No. 910,§ 2852, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2851, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2850, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2849, eff. 7/1/2019.

Acts 2007, No. 864, § 1; 2009, No. 1199, § 11.
Ark. Code Ann. § 8-4-208 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-208
State water pollution control agency - Administration of permit program generally
Status: in_force

(a) (1) The Division of Environmental Quality is authorized, subject to the approval of the Governor, to administer on behalf of the state its own permit program for discharges into navigable waters within its jurisdiction in lieu of that of the United States Environmental Protection Agency. The division is also authorized to submit to the Administrator of the United States Environmental Protection Agency for approval a full and complete description of the program which the division proposes to establish and administer under state law, as provided by § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b) . To that end, the division and the Arkansas Pollution Control and Ecology Commission are vested with all necessary authority and power to meet the requirements of § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b) , and the guidelines promulgated by the United States Environmental Protection Agency pursuant to § 304(h)(2) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1314(h) , to engage in an approved continuing planning process under § 303(e) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1313(e) , and to perform any and all acts necessary to carry out the purposes and requirements of the Federal Water Pollution Control Act Amendments of 1972 relating to this state's participation in the National Pollutant Discharge Elimination System established under the Federal Water Pollution Control Act Amendments of 1972, subject to all restrictions contained in the Federal Water Pollution Control Act Amendments of 1972 and guidelines. (2) (A) Subject to the approval of the Governor, the division may administer on behalf of the state its own permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and regulations promulgated under Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. (B) Any rule, standard, or other requirement adopted for purposes of obtaining authorization for the permitting program under subdivision (a)(2)(A) of this section may not become effective or otherwise enforceable until the United States Environmental Protection Agency has approved the state's application for the state permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. (C) The legislative authority under subdivision (a)(2)(A) of this section is intended to be sufficient to enable the division to assume and implement the federal Section 404 dredge and fill permitting program in conjunction with the other permitting programs established in this chapter. (b) The division shall further have the authority to accept a delegation of authority from the Administrator of the United States Environmental Protection Agency under the Federal Water Pollution Control Act Amendments of 1972 and to exercise and enforce the authority delegated. (c) Any public hearing that may be held by the Director of the Division of Environmental Quality preliminary to acting on a permit application as required by the Federal Water Pollution Control Act Amendments of 1972 and guidelines, unless otherwise designated in the notice of hearing, shall be for informational purposes only and shall not be deemed a hearing before the commission within the meaning of § 8-4-205 . No appeal may be taken therefrom. Amended by Act 2021, No. 285,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 2496, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 3; 1973, No. 262, § 5; 1975, No. 743, § 5; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 17; 1993, No. 165, § 17; 1999, No. 1164, § 25.

(a) (1) The Division of Environmental Quality is authorized, subject to the approval of the Governor, to administer on behalf of the state its own permit program for discharges into navigable waters within its jurisdiction in lieu of that of the United States Environmental Protection Agency. The division is also authorized to submit to the Administrator of the United States Environmental Protection Agency for approval a full and complete description of the program which the division proposes to establish and administer under state law, as provided by § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b) . To that end, the division and the Arkansas Pollution Control and Ecology Commission are vested with all necessary authority and power to meet the requirements of § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b) , and the guidelines promulgated by the United States Environmental Protection Agency pursuant to § 304(h)(2) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1314(h) , to engage in an approved continuing planning process under § 303(e) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1313(e) , and to perform any and all acts necessary to carry out the purposes and requirements of the Federal Water Pollution Control Act Amendments of 1972 relating to this state's participation in the National Pollutant Discharge Elimination System established under the Federal Water Pollution Control Act Amendments of 1972, subject to all restrictions contained in the Federal Water Pollution Control Act Amendments of 1972 and guidelines. (2) (A) Subject to the approval of the Governor, the division may administer on behalf of the state its own permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and regulations promulgated under Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. (B) Any rule, standard, or other requirement adopted for purposes of obtaining authorization for the permitting program under subdivision (a)(2)(A) of this section may not become effective or otherwise enforceable until the United States Environmental Protection Agency has approved the state's application for the state permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. (C) The legislative authority under subdivision (a)(2)(A) of this section is intended to be sufficient to enable the division to assume and implement the federal Section 404 dredge and fill permitting program in conjunction with the other permitting programs established in this chapter.

(1) The Division of Environmental Quality is authorized, subject to the approval of the Governor, to administer on behalf of the state its own permit program for discharges into navigable waters within its jurisdiction in lieu of that of the United States Environmental Protection Agency. The division is also authorized to submit to the Administrator of the United States Environmental Protection Agency for approval a full and complete description of the program which the division proposes to establish and administer under state law, as provided by § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b) . To that end, the division and the Arkansas Pollution Control and Ecology Commission are vested with all necessary authority and power to meet the requirements of § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b) , and the guidelines promulgated by the United States Environmental Protection Agency pursuant to § 304(h)(2) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1314(h) , to engage in an approved continuing planning process under § 303(e) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1313(e) , and to perform any and all acts necessary to carry out the purposes and requirements of the Federal Water Pollution Control Act Amendments of 1972 relating to this state's participation in the National Pollutant Discharge Elimination System established under the Federal Water Pollution Control Act Amendments of 1972, subject to all restrictions contained in the Federal Water Pollution Control Act Amendments of 1972 and guidelines.

(2) (A) Subject to the approval of the Governor, the division may administer on behalf of the state its own permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and regulations promulgated under Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. (B) Any rule, standard, or other requirement adopted for purposes of obtaining authorization for the permitting program under subdivision (a)(2)(A) of this section may not become effective or otherwise enforceable until the United States Environmental Protection Agency has approved the state's application for the state permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. (C) The legislative authority under subdivision (a)(2)(A) of this section is intended to be sufficient to enable the division to assume and implement the federal Section 404 dredge and fill permitting program in conjunction with the other permitting programs established in this chapter.

(A) Subject to the approval of the Governor, the division may administer on behalf of the state its own permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and regulations promulgated under Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

(B) Any rule, standard, or other requirement adopted for purposes of obtaining authorization for the permitting program under subdivision (a)(2)(A) of this section may not become effective or otherwise enforceable until the United States Environmental Protection Agency has approved the state's application for the state permit program for the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

(C) The legislative authority under subdivision (a)(2)(A) of this section is intended to be sufficient to enable the division to assume and implement the federal Section 404 dredge and fill permitting program in conjunction with the other permitting programs established in this chapter.

(b) The division shall further have the authority to accept a delegation of authority from the Administrator of the United States Environmental Protection Agency under the Federal Water Pollution Control Act Amendments of 1972 and to exercise and enforce the authority delegated.

(c) Any public hearing that may be held by the Director of the Division of Environmental Quality preliminary to acting on a permit application as required by the Federal Water Pollution Control Act Amendments of 1972 and guidelines, unless otherwise designated in the notice of hearing, shall be for informational purposes only and shall not be deemed a hearing before the commission within the meaning of § 8-4-205 . No appeal may be taken therefrom.

Amended by Act 2021, No. 285,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 2496, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 3; 1973, No. 262, § 5; 1975, No. 743, § 5; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 17; 1993, No. 165, § 17; 1999, No. 1164, § 25.
Ark. Code Ann. § 8-5-804 — AR Code / Title 8 / Chapter 5 / Subchapter 8 / Section 8-5-804
Eligible activities
Status: in_force

(a) Moneys deposited into the Small Business Revolving Loan Fund within the Division of Environmental Quality may be: (1) Loaned to eligible participants to pay the direct costs of projects which are designed to correct or avoid violations of federal environmental regulations or state environmental rules and have received a certificate of need from the division; or (2) Expended to pay costs incurred by the division to provide management of lending activities. (b) (1) It is the purpose of this subchapter to authorize the division to establish and administer a revolving loan fund to encourage the investment in pollution control, pollution prevention, and waste reduction practices in Arkansas. (2) Such a fund will promote sustainable economic development in Arkansas by establishing a publicly capitalized revolving loan fund to make loans to small businesses for projects to meet regulatory mandates in pollution control or to adopt pollution prevention technologies. (3) Operating expenses associated with proofing a process change or equipment modification would be an eligible loan activity. Amended by Act 2019, No. 315,§ 520, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2573, eff. 7/1/2019. Acts 1997, No. 691, § 1; 1999, No. 1164, § 55; 2001, No. 213, § 3.

(a) Moneys deposited into the Small Business Revolving Loan Fund within the Division of Environmental Quality may be: (1) Loaned to eligible participants to pay the direct costs of projects which are designed to correct or avoid violations of federal environmental regulations or state environmental rules and have received a certificate of need from the division; or (2) Expended to pay costs incurred by the division to provide management of lending activities.

(1) Loaned to eligible participants to pay the direct costs of projects which are designed to correct or avoid violations of federal environmental regulations or state environmental rules and have received a certificate of need from the division; or

(2) Expended to pay costs incurred by the division to provide management of lending activities.

(b) (1) It is the purpose of this subchapter to authorize the division to establish and administer a revolving loan fund to encourage the investment in pollution control, pollution prevention, and waste reduction practices in Arkansas. (2) Such a fund will promote sustainable economic development in Arkansas by establishing a publicly capitalized revolving loan fund to make loans to small businesses for projects to meet regulatory mandates in pollution control or to adopt pollution prevention technologies. (3) Operating expenses associated with proofing a process change or equipment modification would be an eligible loan activity.

(1) It is the purpose of this subchapter to authorize the division to establish and administer a revolving loan fund to encourage the investment in pollution control, pollution prevention, and waste reduction practices in Arkansas.

(2) Such a fund will promote sustainable economic development in Arkansas by establishing a publicly capitalized revolving loan fund to make loans to small businesses for projects to meet regulatory mandates in pollution control or to adopt pollution prevention technologies.

(3) Operating expenses associated with proofing a process change or equipment modification would be an eligible loan activity.

Amended by Act 2019, No. 315,§ 520, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2573, eff. 7/1/2019.

Acts 1997, No. 691, § 1; 1999, No. 1164, § 55; 2001, No. 213, § 3.
Ark. Code Ann. § 8-4-315 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-315
Permits
Status: in_force

The Arkansas Department of Environmental Quality is authorized to require, issue, and enforce operating permits for major sources in satisfaction of Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. § 7661 et seq. Acts 1995, No. 384, § 11; 1997, No. 310, § 2; 1999, No. 1164, § 34.

The Arkansas Department of Environmental Quality is authorized to require, issue, and enforce operating permits for major sources in satisfaction of Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. § 7661 et seq.

Acts 1995, No. 384, § 11; 1997, No. 310, § 2; 1999, No. 1164, § 34.
Ark. Code Ann. § 8-6-1503 — AR Code / Title 8 / Chapter 6 / Subchapter 15 / Section 8-6-1503
Division's permitting authority
Status: in_force

The Division of Environmental Quality shall not process any application for a permit subject to § 8-6-1504 until the affected local and regional authorities have issued definitive findings regarding the criteria set out in § 8-6-1504 . Amended by Act 2019, No. 910,§ 2695, eff. 7/1/2019. Acts 1993, No. 1263, § 4.

The Division of Environmental Quality shall not process any application for a permit subject to § 8-6-1504 until the affected local and regional authorities have issued definitive findings regarding the criteria set out in § 8-6-1504 .

Amended by Act 2019, No. 910,§ 2695, eff. 7/1/2019.

Acts 1993, No. 1263, § 4.
Ark. Code Ann. § 8-4-217 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-217
Unlawful actions
Status: in_force

(a) It shall be unlawful for any person to: (1) Cause pollution, as defined in § 8-4-102 , of any of the waters of this state; (2) Place or cause to be placed any sewage, industrial waste, or other wastes in a location where it is likely to cause pollution of any waters of this state; (3) Violate any provisions of this chapter or of any rule or order adopted by the Arkansas Pollution Control and Ecology Commission under this chapter or of a permit issued under this chapter by the Division of Environmental Quality; (4) Knowingly to make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter; (5) Falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter; or (6) Sell, offer or expose for sale, give, or furnish any synthetic detergent or detergent containing any phosphorus, expressed as elemental phosphorus, including synthetic detergents or detergents manufactured for use as laundry or dishwashing detergents within this state from and after January 1, 1994, except as provided below: (A) Products that may be used, sold, manufactured, or distributed for use or sale regardless of phosphorus content include: (i) A detergent: (a) Used in dairy, beverage, or food processing cleaning equipment; (b) Used in hospitals, veterinary hospitals, clinics, healthcare facilities, or in agricultural production; (c) Used by industry for metal cleaning or reconditioning; (d) Manufactured, stored, or distributed for use or sale outside the state; (e) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; (f) Used in a commercial laundry that provides laundry services for a hospital, healthcare facility, or veterinary hospital; or (g) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry; (ii) A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner; and (iii) A substance the division excludes from the phosphorus limitations of this section based on a finding that compliance with this section would: (a) Create a significant hardship on the user; or (b) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences; (B) A person may use, sell, manufacture, or distribute for use or sale a laundry detergent that contains five-tenths percent (0.5%) phosphorus or less that is incidental to manufacturing; and (C) A person may use, sell, manufacture, or distribute for use or sale a dishwashing detergent that contains eight and seven-tenths percent (8.7%) phosphorus or less by weight. (b) (1) It shall be unlawful for any person to engage in any of the following acts without having first obtained a written permit from the division: (A) To construct, install, modify, or operate any disposal system or any part thereof, or any extension or addition thereto, that will discharge into any of the waters of the state; (B) To increase in volume or strength any sewage, industrial waste, or other wastes in excess of the permissive discharges specified under any existing permit; (C) To construct, install, or operate any building, plant, works, establishment, or facility, or any extension or modification thereof, or addition thereto, the operation of which would result in discharge of any wastes into the waters of the state or would otherwise alter the physical, chemical, or biological properties of any waters of the state in any manner not already lawfully authorized; (D) To construct or use any new outlet for the discharge of any wastes into the waters of the state; (E) To discharge sewage, industrial waste, or other wastes into any of the waters of the state; or (F) To install, modify, or operate a disposal system or any part of a disposal system. (2) The division may require the submission of such plans, specifications, and other information as it deems relevant in connection with the issuance of disposal permits. Amended by Act 2023, No. 390,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 475, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2506, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2505, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2504, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2503, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 8; 1961, No. 120, § 7; 1973, No. 262, § 9; 1975, No. 743, § 7; A.S.A. 1947, § 82-1908; Acts 1993, No. 454, § 1; 1993, No. 461, § 1; 1997, No. 1219, § 5.

(a) It shall be unlawful for any person to: (1) Cause pollution, as defined in § 8-4-102 , of any of the waters of this state; (2) Place or cause to be placed any sewage, industrial waste, or other wastes in a location where it is likely to cause pollution of any waters of this state; (3) Violate any provisions of this chapter or of any rule or order adopted by the Arkansas Pollution Control and Ecology Commission under this chapter or of a permit issued under this chapter by the Division of Environmental Quality; (4) Knowingly to make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter; (5) Falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter; or (6) Sell, offer or expose for sale, give, or furnish any synthetic detergent or detergent containing any phosphorus, expressed as elemental phosphorus, including synthetic detergents or detergents manufactured for use as laundry or dishwashing detergents within this state from and after January 1, 1994, except as provided below: (A) Products that may be used, sold, manufactured, or distributed for use or sale regardless of phosphorus content include: (i) A detergent: (a) Used in dairy, beverage, or food processing cleaning equipment; (b) Used in hospitals, veterinary hospitals, clinics, healthcare facilities, or in agricultural production; (c) Used by industry for metal cleaning or reconditioning; (d) Manufactured, stored, or distributed for use or sale outside the state; (e) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; (f) Used in a commercial laundry that provides laundry services for a hospital, healthcare facility, or veterinary hospital; or (g) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry; (ii) A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner; and (iii) A substance the division excludes from the phosphorus limitations of this section based on a finding that compliance with this section would: (a) Create a significant hardship on the user; or (b) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences; (B) A person may use, sell, manufacture, or distribute for use or sale a laundry detergent that contains five-tenths percent (0.5%) phosphorus or less that is incidental to manufacturing; and (C) A person may use, sell, manufacture, or distribute for use or sale a dishwashing detergent that contains eight and seven-tenths percent (8.7%) phosphorus or less by weight.

(1) Cause pollution, as defined in § 8-4-102 , of any of the waters of this state;

(2) Place or cause to be placed any sewage, industrial waste, or other wastes in a location where it is likely to cause pollution of any waters of this state;

(3) Violate any provisions of this chapter or of any rule or order adopted by the Arkansas Pollution Control and Ecology Commission under this chapter or of a permit issued under this chapter by the Division of Environmental Quality;

(4) Knowingly to make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter;

(5) Falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter; or

(6) Sell, offer or expose for sale, give, or furnish any synthetic detergent or detergent containing any phosphorus, expressed as elemental phosphorus, including synthetic detergents or detergents manufactured for use as laundry or dishwashing detergents within this state from and after January 1, 1994, except as provided below: (A) Products that may be used, sold, manufactured, or distributed for use or sale regardless of phosphorus content include: (i) A detergent: (a) Used in dairy, beverage, or food processing cleaning equipment; (b) Used in hospitals, veterinary hospitals, clinics, healthcare facilities, or in agricultural production; (c) Used by industry for metal cleaning or reconditioning; (d) Manufactured, stored, or distributed for use or sale outside the state; (e) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; (f) Used in a commercial laundry that provides laundry services for a hospital, healthcare facility, or veterinary hospital; or (g) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry; (ii) A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner; and (iii) A substance the division excludes from the phosphorus limitations of this section based on a finding that compliance with this section would: (a) Create a significant hardship on the user; or (b) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences; (B) A person may use, sell, manufacture, or distribute for use or sale a laundry detergent that contains five-tenths percent (0.5%) phosphorus or less that is incidental to manufacturing; and (C) A person may use, sell, manufacture, or distribute for use or sale a dishwashing detergent that contains eight and seven-tenths percent (8.7%) phosphorus or less by weight.

(A) Products that may be used, sold, manufactured, or distributed for use or sale regardless of phosphorus content include: (i) A detergent: (a) Used in dairy, beverage, or food processing cleaning equipment; (b) Used in hospitals, veterinary hospitals, clinics, healthcare facilities, or in agricultural production; (c) Used by industry for metal cleaning or reconditioning; (d) Manufactured, stored, or distributed for use or sale outside the state; (e) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; (f) Used in a commercial laundry that provides laundry services for a hospital, healthcare facility, or veterinary hospital; or (g) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry; (ii) A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner; and (iii) A substance the division excludes from the phosphorus limitations of this section based on a finding that compliance with this section would: (a) Create a significant hardship on the user; or (b) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences;

(i) A detergent: (a) Used in dairy, beverage, or food processing cleaning equipment; (b) Used in hospitals, veterinary hospitals, clinics, healthcare facilities, or in agricultural production; (c) Used by industry for metal cleaning or reconditioning; (d) Manufactured, stored, or distributed for use or sale outside the state; (e) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; (f) Used in a commercial laundry that provides laundry services for a hospital, healthcare facility, or veterinary hospital; or (g) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry;

(a) Used in dairy, beverage, or food processing cleaning equipment;

(b) Used in hospitals, veterinary hospitals, clinics, healthcare facilities, or in agricultural production;

(c) Used by industry for metal cleaning or reconditioning;

(d) Manufactured, stored, or distributed for use or sale outside the state;

(e) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory;

(f) Used in a commercial laundry that provides laundry services for a hospital, healthcare facility, or veterinary hospital; or

(g) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry;

(ii) A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner; and

(iii) A substance the division excludes from the phosphorus limitations of this section based on a finding that compliance with this section would: (a) Create a significant hardship on the user; or (b) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences;

(a) Create a significant hardship on the user; or

(b) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences;

(B) A person may use, sell, manufacture, or distribute for use or sale a laundry detergent that contains five-tenths percent (0.5%) phosphorus or less that is incidental to manufacturing; and

(C) A person may use, sell, manufacture, or distribute for use or sale a dishwashing detergent that contains eight and seven-tenths percent (8.7%) phosphorus or less by weight.

(b) (1) It shall be unlawful for any person to engage in any of the following acts without having first obtained a written permit from the division: (A) To construct, install, modify, or operate any disposal system or any part thereof, or any extension or addition thereto, that will discharge into any of the waters of the state; (B) To increase in volume or strength any sewage, industrial waste, or other wastes in excess of the permissive discharges specified under any existing permit; (C) To construct, install, or operate any building, plant, works, establishment, or facility, or any extension or modification thereof, or addition thereto, the operation of which would result in discharge of any wastes into the waters of the state or would otherwise alter the physical, chemical, or biological properties of any waters of the state in any manner not already lawfully authorized; (D) To construct or use any new outlet for the discharge of any wastes into the waters of the state; (E) To discharge sewage, industrial waste, or other wastes into any of the waters of the state; or (F) To install, modify, or operate a disposal system or any part of a disposal system. (2) The division may require the submission of such plans, specifications, and other information as it deems relevant in connection with the issuance of disposal permits.

(1) It shall be unlawful for any person to engage in any of the following acts without having first obtained a written permit from the division: (A) To construct, install, modify, or operate any disposal system or any part thereof, or any extension or addition thereto, that will discharge into any of the waters of the state; (B) To increase in volume or strength any sewage, industrial waste, or other wastes in excess of the permissive discharges specified under any existing permit; (C) To construct, install, or operate any building, plant, works, establishment, or facility, or any extension or modification thereof, or addition thereto, the operation of which would result in discharge of any wastes into the waters of the state or would otherwise alter the physical, chemical, or biological properties of any waters of the state in any manner not already lawfully authorized; (D) To construct or use any new outlet for the discharge of any wastes into the waters of the state; (E) To discharge sewage, industrial waste, or other wastes into any of the waters of the state; or (F) To install, modify, or operate a disposal system or any part of a disposal system.

(A) To construct, install, modify, or operate any disposal system or any part thereof, or any extension or addition thereto, that will discharge into any of the waters of the state;

(B) To increase in volume or strength any sewage, industrial waste, or other wastes in excess of the permissive discharges specified under any existing permit;

(C) To construct, install, or operate any building, plant, works, establishment, or facility, or any extension or modification thereof, or addition thereto, the operation of which would result in discharge of any wastes into the waters of the state or would otherwise alter the physical, chemical, or biological properties of any waters of the state in any manner not already lawfully authorized;

(D) To construct or use any new outlet for the discharge of any wastes into the waters of the state;

(E) To discharge sewage, industrial waste, or other wastes into any of the waters of the state; or

(F) To install, modify, or operate a disposal system or any part of a disposal system.

(2) The division may require the submission of such plans, specifications, and other information as it deems relevant in connection with the issuance of disposal permits.

Amended by Act 2023, No. 390,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 475, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2506, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2505, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2504, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2503, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 8; 1961, No. 120, § 7; 1973, No. 262, § 9; 1975, No. 743, § 7; A.S.A. 1947, § 82-1908; Acts 1993, No. 454, § 1; 1993, No. 461, § 1; 1997, No. 1219, § 5.
Ark. Code Ann. § 8-2-204 — AR Code / Title 8 / Chapter 2 / Subchapter 2 / Section 8-2-204
Powers and duties of division and commission
Status: in_force

(a) The Division of Environmental Quality shall have the following powers and duties under this subchapter: (1) To establish and administer the Environmental Laboratory Accreditation Program for laboratories applying for accreditation by the division; (2) To enforce the provisions of this subchapter and all laws, rules, and federal regulations relating to the program and to environmental testing; (3) To issue, deny, revoke, or suspend the accreditation of a laboratory for cause; and (4) To refuse to accept analytical results from a laboratory when the division reasonably determines that the results do not meet reasonable criteria for validation, regardless of whether the laboratory is accredited. (b) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties under this subchapter: (1) To establish by rule reasonable fees for the accreditation procedures under this subchapter and to cover the expenses of administering the program; and (2) To promulgate necessary rules to effect the purpose and administration of the program, including without limitation, provisions governing accreditation, modification, and renewal of accreditation and reaccreditation after revocation. Amended by Act 2019, No. 315,§ 443, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 442, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2444, eff. 7/1/2019. Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017. Acts 1985, No. 876, § 4; A.S.A. 1947, § 82-1993.3; Acts 1993, No. 322, § 3; 1993, No. 440, § 3.

(a) The Division of Environmental Quality shall have the following powers and duties under this subchapter: (1) To establish and administer the Environmental Laboratory Accreditation Program for laboratories applying for accreditation by the division; (2) To enforce the provisions of this subchapter and all laws, rules, and federal regulations relating to the program and to environmental testing; (3) To issue, deny, revoke, or suspend the accreditation of a laboratory for cause; and (4) To refuse to accept analytical results from a laboratory when the division reasonably determines that the results do not meet reasonable criteria for validation, regardless of whether the laboratory is accredited.

(1) To establish and administer the Environmental Laboratory Accreditation Program for laboratories applying for accreditation by the division;

(2) To enforce the provisions of this subchapter and all laws, rules, and federal regulations relating to the program and to environmental testing;

(3) To issue, deny, revoke, or suspend the accreditation of a laboratory for cause; and

(4) To refuse to accept analytical results from a laboratory when the division reasonably determines that the results do not meet reasonable criteria for validation, regardless of whether the laboratory is accredited.

(b) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties under this subchapter: (1) To establish by rule reasonable fees for the accreditation procedures under this subchapter and to cover the expenses of administering the program; and (2) To promulgate necessary rules to effect the purpose and administration of the program, including without limitation, provisions governing accreditation, modification, and renewal of accreditation and reaccreditation after revocation.

(1) To establish by rule reasonable fees for the accreditation procedures under this subchapter and to cover the expenses of administering the program; and

(2) To promulgate necessary rules to effect the purpose and administration of the program, including without limitation, provisions governing accreditation, modification, and renewal of accreditation and reaccreditation after revocation.

Amended by Act 2019, No. 315,§ 443, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 442, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2444, eff. 7/1/2019.

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

Acts 1985, No. 876, § 4; A.S.A. 1947, § 82-1993.3; Acts 1993, No. 322, § 3; 1993, No. 440, § 3.
Ark. Code Ann. § 8-10-201 — AR Code / Title 8 / Chapter 10 / Subchapter 2 / Section 8-10-201
Title
Status: in_force

This subchapter may be cited as the "Arkansas Pollution Prevention Act". Acts 1993, No. 1273, § 1.

This subchapter may be cited as the "Arkansas Pollution Prevention Act".

Acts 1993, No. 1273, § 1.
Ark. Code Ann. § 8-4-313 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-313
Variance from rules or general orders
Status: in_force

(a) (1) The Arkansas Pollution Control and Ecology Commission may grant specific variances from the particular requirements of any rule or general order to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may deem necessary to protect the public health and welfare, if it finds that strict compliance with the rule or general order is inappropriate because of conditions beyond the control of the person granted the variance or because of special circumstances that would render strict compliance unreasonable, unduly burdensome, or impractical due to special physical conditions or causes or because strict compliance would result in substantial curtailment or closing down of a business, plant, or operation or because no alternative facility or method of handling is yet available. (2) Variances may be limited in time. (3) In determining whether or not a variance shall be granted, the commission shall weigh the equities involved and the relative advantages and disadvantages to the residents and the occupation and activity affected. (b) (1) Any person seeking a variance shall do so by filing a petition for a variance with the Director of the Division of Environmental Quality. (2) (A) The director shall promptly investigate the petition and make a recommendation to the commission as to the disposition thereof. (B) (i) If the recommendation is against the granting of the variance, a hearing shall be held thereon after not less than ten (10) days, prior to notice to the petitioner. (ii) If the recommendation of the director is for the granting of a variance, the commission may do so without a hearing. However, upon the petition of any person aggrieved by the granting of a variance, a public hearing shall be held. (c) (1) A variance granted may be revoked or modified by the commission after a public hearing held upon not less than ten (10) days' prior notice. (2) The notice shall be served upon all persons known to the commission that will be subjected to greater restrictions if the variance is revoked or modified, that are likely to be affected, or that have filed with the commission a written request for such notification. Amended by Act 2019, No. 315,§ 500, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2539, eff. 7/1/2019. Acts 1949, No. 472, [Part 2], § 9, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1939; Acts 1997, No. 1219, § 6.

(a) (1) The Arkansas Pollution Control and Ecology Commission may grant specific variances from the particular requirements of any rule or general order to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may deem necessary to protect the public health and welfare, if it finds that strict compliance with the rule or general order is inappropriate because of conditions beyond the control of the person granted the variance or because of special circumstances that would render strict compliance unreasonable, unduly burdensome, or impractical due to special physical conditions or causes or because strict compliance would result in substantial curtailment or closing down of a business, plant, or operation or because no alternative facility or method of handling is yet available. (2) Variances may be limited in time. (3) In determining whether or not a variance shall be granted, the commission shall weigh the equities involved and the relative advantages and disadvantages to the residents and the occupation and activity affected.

(1) The Arkansas Pollution Control and Ecology Commission may grant specific variances from the particular requirements of any rule or general order to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may deem necessary to protect the public health and welfare, if it finds that strict compliance with the rule or general order is inappropriate because of conditions beyond the control of the person granted the variance or because of special circumstances that would render strict compliance unreasonable, unduly burdensome, or impractical due to special physical conditions or causes or because strict compliance would result in substantial curtailment or closing down of a business, plant, or operation or because no alternative facility or method of handling is yet available.

(2) Variances may be limited in time.

(3) In determining whether or not a variance shall be granted, the commission shall weigh the equities involved and the relative advantages and disadvantages to the residents and the occupation and activity affected.

(b) (1) Any person seeking a variance shall do so by filing a petition for a variance with the Director of the Division of Environmental Quality. (2) (A) The director shall promptly investigate the petition and make a recommendation to the commission as to the disposition thereof. (B) (i) If the recommendation is against the granting of the variance, a hearing shall be held thereon after not less than ten (10) days, prior to notice to the petitioner. (ii) If the recommendation of the director is for the granting of a variance, the commission may do so without a hearing. However, upon the petition of any person aggrieved by the granting of a variance, a public hearing shall be held.

(1) Any person seeking a variance shall do so by filing a petition for a variance with the Director of the Division of Environmental Quality.

(2) (A) The director shall promptly investigate the petition and make a recommendation to the commission as to the disposition thereof. (B) (i) If the recommendation is against the granting of the variance, a hearing shall be held thereon after not less than ten (10) days, prior to notice to the petitioner. (ii) If the recommendation of the director is for the granting of a variance, the commission may do so without a hearing. However, upon the petition of any person aggrieved by the granting of a variance, a public hearing shall be held.

(A) The director shall promptly investigate the petition and make a recommendation to the commission as to the disposition thereof.

(B) (i) If the recommendation is against the granting of the variance, a hearing shall be held thereon after not less than ten (10) days, prior to notice to the petitioner. (ii) If the recommendation of the director is for the granting of a variance, the commission may do so without a hearing. However, upon the petition of any person aggrieved by the granting of a variance, a public hearing shall be held.

(i) If the recommendation is against the granting of the variance, a hearing shall be held thereon after not less than ten (10) days, prior to notice to the petitioner.

(ii) If the recommendation of the director is for the granting of a variance, the commission may do so without a hearing. However, upon the petition of any person aggrieved by the granting of a variance, a public hearing shall be held.

(c) (1) A variance granted may be revoked or modified by the commission after a public hearing held upon not less than ten (10) days' prior notice. (2) The notice shall be served upon all persons known to the commission that will be subjected to greater restrictions if the variance is revoked or modified, that are likely to be affected, or that have filed with the commission a written request for such notification.

(1) A variance granted may be revoked or modified by the commission after a public hearing held upon not less than ten (10) days' prior notice.

(2) The notice shall be served upon all persons known to the commission that will be subjected to greater restrictions if the variance is revoked or modified, that are likely to be affected, or that have filed with the commission a written request for such notification.

Amended by Act 2019, No. 315,§ 500, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2539, eff. 7/1/2019.

Acts 1949, No. 472, [Part 2], § 9, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1939; Acts 1997, No. 1219, § 6.
Ark. Code Ann. § 8-6-205 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-205
Illegal actions - Rebuttable presumption - Acts or omissions by third party
Status: in_force

(a) It shall be illegal for any person: (1) To violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission issued pursuant to this subchapter or of a permit issued under this subchapter by the Division of Environmental Quality; (2) To construct, install, alter, modify, use, or operate any solid waste processing or disposal facility or disposal site without a permit from the division; (3) To dispose of solid wastes at any disposal site or facility other than a disposal site or facility for which a permit has been issued by the division. However, no provision of this subchapter shall be construed so as to prevent an individual from disposing of solid wastes resulting from his or her own household activities on his or her own land if the disposal does not create a public or private nuisance or a hazard to health and does not violate a city ordinance or other law and does not involve the open dumping of garbage; (4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes, including, but not limited to, garbage, tin cans, bottles, rubbish, refuse, or trash upon property owned by another person without the written permission of the owner or occupant of the property or upon any public highway, street, road, public park or recreation area, or any other public property except as designated for disposal of waste; or (5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules or orders of the division or in such a manner or place as to create or be likely to create a public nuisance or a public health hazard or to cause or be likely to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. (b) There is created a rebuttable presumption that shall arise in any administrative, civil, or criminal action under this subchapter to the effect that, if it can be proved that one (1) or more items of solid waste bear the name or names of one (1) or more persons in such a form as to indicate that the person or persons were the owners of those items and those items were unlawfully disposed of, then the person or persons are presumed to have committed the unlawful act of disposal. (c) No person shall be liable for any violation of this subchapter or of any rule or order of the commission issued pursuant to this subchapter if the violation results solely from the act or omission of a third party, unless the person has knowingly allowed the violation to occur through acquiescence, acts, or omissions. Amended by Act 2019, No. 315,§ 529, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 528, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 527, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2599, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2598, eff. 7/1/2019. Acts 1971, No. 237, § 10; 1983, No. 666, § 2; A.S.A. 1947, § 82-2710; Acts 1987, No. 730, § 1; 1989, No. 260, § 2; 1995, No. 547, § 3; 1997, No. 1206, § 1; 2001, No. 1069, § 1; 2009, No. 1199, § 6.

(a) It shall be illegal for any person: (1) To violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission issued pursuant to this subchapter or of a permit issued under this subchapter by the Division of Environmental Quality; (2) To construct, install, alter, modify, use, or operate any solid waste processing or disposal facility or disposal site without a permit from the division; (3) To dispose of solid wastes at any disposal site or facility other than a disposal site or facility for which a permit has been issued by the division. However, no provision of this subchapter shall be construed so as to prevent an individual from disposing of solid wastes resulting from his or her own household activities on his or her own land if the disposal does not create a public or private nuisance or a hazard to health and does not violate a city ordinance or other law and does not involve the open dumping of garbage; (4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes, including, but not limited to, garbage, tin cans, bottles, rubbish, refuse, or trash upon property owned by another person without the written permission of the owner or occupant of the property or upon any public highway, street, road, public park or recreation area, or any other public property except as designated for disposal of waste; or (5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules or orders of the division or in such a manner or place as to create or be likely to create a public nuisance or a public health hazard or to cause or be likely to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(1) To violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission issued pursuant to this subchapter or of a permit issued under this subchapter by the Division of Environmental Quality;

(2) To construct, install, alter, modify, use, or operate any solid waste processing or disposal facility or disposal site without a permit from the division;

(3) To dispose of solid wastes at any disposal site or facility other than a disposal site or facility for which a permit has been issued by the division. However, no provision of this subchapter shall be construed so as to prevent an individual from disposing of solid wastes resulting from his or her own household activities on his or her own land if the disposal does not create a public or private nuisance or a hazard to health and does not violate a city ordinance or other law and does not involve the open dumping of garbage;

(4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes, including, but not limited to, garbage, tin cans, bottles, rubbish, refuse, or trash upon property owned by another person without the written permission of the owner or occupant of the property or upon any public highway, street, road, public park or recreation area, or any other public property except as designated for disposal of waste; or

(5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules or orders of the division or in such a manner or place as to create or be likely to create a public nuisance or a public health hazard or to cause or be likely to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(b) There is created a rebuttable presumption that shall arise in any administrative, civil, or criminal action under this subchapter to the effect that, if it can be proved that one (1) or more items of solid waste bear the name or names of one (1) or more persons in such a form as to indicate that the person or persons were the owners of those items and those items were unlawfully disposed of, then the person or persons are presumed to have committed the unlawful act of disposal.

(c) No person shall be liable for any violation of this subchapter or of any rule or order of the commission issued pursuant to this subchapter if the violation results solely from the act or omission of a third party, unless the person has knowingly allowed the violation to occur through acquiescence, acts, or omissions.

Amended by Act 2019, No. 315,§ 529, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 528, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 527, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2599, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2598, eff. 7/1/2019.

Acts 1971, No. 237, § 10; 1983, No. 666, § 2; A.S.A. 1947, § 82-2710; Acts 1987, No. 730, § 1; 1989, No. 260, § 2; 1995, No. 547, § 3; 1997, No. 1206, § 1; 2001, No. 1069, § 1; 2009, No. 1199, § 6.
Ark. Code Ann. § 8-12-105 — AR Code / Title 8 / Chapter 12 / Section 8-12-105
Duties of the Department of Finance and Administration
Status: in_force

(a) The Department of Finance and Administration shall administer the Natural Resources Damages Trust Fund, as authorized by the Natural Resources Damages Advisory Board. (b) The department shall undertake the following activities, as authorized by the board: (1) Develop and issue requests for proposals; (2) Award grants for projects relating to natural resource restoration, rehabilitation, replacement, and acquisition; (3) Contract for services; and (4) Make payments from the fund. Acts 1999, No. 895, § 1.

(a) The Department of Finance and Administration shall administer the Natural Resources Damages Trust Fund, as authorized by the Natural Resources Damages Advisory Board.

(b) The department shall undertake the following activities, as authorized by the board: (1) Develop and issue requests for proposals; (2) Award grants for projects relating to natural resource restoration, rehabilitation, replacement, and acquisition; (3) Contract for services; and (4) Make payments from the fund.

(1) Develop and issue requests for proposals;

(2) Award grants for projects relating to natural resource restoration, rehabilitation, replacement, and acquisition;

(3) Contract for services; and

(4) Make payments from the fund.

Acts 1999, No. 895, § 1.
Ark. Code Ann. § 8-7-227 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-227
Corrective action at permitted facilities and interim status facilities
Status: in_force

(a) (1) Any permit issued under this subchapter for any hazardous waste treatment, storage, or disposal facility shall require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at the hazardous waste treatment, storage, or disposal facility seeking the permit under this subchapter regardless of the time at which waste was placed in the unit. (2) The corrective action component of the permit shall contain: (A) Schedules of compliance for the corrective action when the corrective action cannot be completed prior to issuance of the permit; and (B) Assurances of financial responsibility for completing the corrective action. (3) The corrective action component of the permit shall also require that corrective action be taken beyond the hazardous waste treatment, storage, or disposal facility boundary when necessary to protect human health and the environment unless the owner or operator of the hazardous waste treatment, storage, or disposal facility concerned demonstrates to the satisfaction of the Director of the Division of Environmental Quality that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the action. (b) (1) Whenever the director determines that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under interim operating authority pursuant to this subchapter, the director may: (A) Issue an order requiring corrective action or such other response measure as the director deems necessary to protect human health or the environment; or (B) Commence a civil action in the circuit court in the county in which the facility is located for appropriate relief, including a temporary or permanent injunction. (2) (A) Any order issued under this subsection: (i) Shall state with reasonable specificity the nature of the required corrective action or other response measure; (ii) Shall specify a time for compliance; and (iii) May include a suspension or revocation of the interim authority to operate under this subchapter. (B) If any person named in an order issued under this section fails to comply with the order, the director may assess a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) for each day of noncompliance with the order. Amended by Act 2019, No. 910,§ 2743, eff. 7/1/2019. Acts 2005, No. 1166, § 1.

(a) (1) Any permit issued under this subchapter for any hazardous waste treatment, storage, or disposal facility shall require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at the hazardous waste treatment, storage, or disposal facility seeking the permit under this subchapter regardless of the time at which waste was placed in the unit. (2) The corrective action component of the permit shall contain: (A) Schedules of compliance for the corrective action when the corrective action cannot be completed prior to issuance of the permit; and (B) Assurances of financial responsibility for completing the corrective action. (3) The corrective action component of the permit shall also require that corrective action be taken beyond the hazardous waste treatment, storage, or disposal facility boundary when necessary to protect human health and the environment unless the owner or operator of the hazardous waste treatment, storage, or disposal facility concerned demonstrates to the satisfaction of the Director of the Division of Environmental Quality that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the action.

(1) Any permit issued under this subchapter for any hazardous waste treatment, storage, or disposal facility shall require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at the hazardous waste treatment, storage, or disposal facility seeking the permit under this subchapter regardless of the time at which waste was placed in the unit.

(2) The corrective action component of the permit shall contain: (A) Schedules of compliance for the corrective action when the corrective action cannot be completed prior to issuance of the permit; and (B) Assurances of financial responsibility for completing the corrective action.

(A) Schedules of compliance for the corrective action when the corrective action cannot be completed prior to issuance of the permit; and

(B) Assurances of financial responsibility for completing the corrective action.

(3) The corrective action component of the permit shall also require that corrective action be taken beyond the hazardous waste treatment, storage, or disposal facility boundary when necessary to protect human health and the environment unless the owner or operator of the hazardous waste treatment, storage, or disposal facility concerned demonstrates to the satisfaction of the Director of the Division of Environmental Quality that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the action.

(b) (1) Whenever the director determines that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under interim operating authority pursuant to this subchapter, the director may: (A) Issue an order requiring corrective action or such other response measure as the director deems necessary to protect human health or the environment; or (B) Commence a civil action in the circuit court in the county in which the facility is located for appropriate relief, including a temporary or permanent injunction. (2) (A) Any order issued under this subsection: (i) Shall state with reasonable specificity the nature of the required corrective action or other response measure; (ii) Shall specify a time for compliance; and (iii) May include a suspension or revocation of the interim authority to operate under this subchapter. (B) If any person named in an order issued under this section fails to comply with the order, the director may assess a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) for each day of noncompliance with the order.

(1) Whenever the director determines that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under interim operating authority pursuant to this subchapter, the director may: (A) Issue an order requiring corrective action or such other response measure as the director deems necessary to protect human health or the environment; or (B) Commence a civil action in the circuit court in the county in which the facility is located for appropriate relief, including a temporary or permanent injunction.

(A) Issue an order requiring corrective action or such other response measure as the director deems necessary to protect human health or the environment; or

(B) Commence a civil action in the circuit court in the county in which the facility is located for appropriate relief, including a temporary or permanent injunction.

(2) (A) Any order issued under this subsection: (i) Shall state with reasonable specificity the nature of the required corrective action or other response measure; (ii) Shall specify a time for compliance; and (iii) May include a suspension or revocation of the interim authority to operate under this subchapter. (B) If any person named in an order issued under this section fails to comply with the order, the director may assess a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) for each day of noncompliance with the order.

(A) Any order issued under this subsection: (i) Shall state with reasonable specificity the nature of the required corrective action or other response measure; (ii) Shall specify a time for compliance; and (iii) May include a suspension or revocation of the interim authority to operate under this subchapter.

(i) Shall state with reasonable specificity the nature of the required corrective action or other response measure;

(ii) Shall specify a time for compliance; and

(iii) May include a suspension or revocation of the interim authority to operate under this subchapter.

(B) If any person named in an order issued under this section fails to comply with the order, the director may assess a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) for each day of noncompliance with the order.

Amended by Act 2019, No. 910,§ 2743, eff. 7/1/2019.

Acts 2005, No. 1166, § 1.
Ark. Code Ann. § 8-6-221 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-221
Review of rules
Status: in_force

All rules adopted under this subchapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. Amended by Act 2019, No. 315,§ 541, eff. 7/24/2019. Acts 1991, No. 751, § 4; 1997, No. 179, § 3.

All rules adopted under this subchapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

Amended by Act 2019, No. 315,§ 541, eff. 7/24/2019.

Acts 1991, No. 751, § 4; 1997, No. 179, § 3.
Ark. Code Ann. § 8-9-104 — AR Code / Title 8 / Chapter 9 / Subchapter 1 / Section 8-9-104
Definitions
Status: in_force

As used in this chapter: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Materials in the recycling process" means ferrous and nonferrous metals diverted or removed from the solid waste stream so that they may be reused, as long as: (A) Those materials are processed or handled using reasonably available processing equipment and control technology, as determined by the Director of the Division of Environmental Quality, taking cost into account; and (B) A substantial amount of the materials are consistently utilized to manufacture a product which otherwise would have been produced using virgin material; (3) "Municipal solid waste" means waste produced by individuals, public entities, agriculture, and businesses, including yard waste and waste not traditionally included in the recycling rate calculation and that is by its nature eligible for disposal in a municipal solid waste landfill; (4) "Person" means an individual, municipality, other governmental entity, or another entity recognized by law with rights and duties; (5) "Recyclable materials" or "recyclables" means those materials from the solid waste stream that can be recovered for reuse in present or reprocessed form; (6) "Recycling" means the systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange; (7) "Solid waste" means the same as provided by § 8-6-702 ; (8) "Solid waste board" or "board" means a regional solid waste management board or its successor created under § 8-6-701 et seq.; (9) "Solid waste district" or "district" means a regional solid waste management district or its successor created under § 8-6-701 et seq.; (10) "Source separation" means the act or process of removing a particular type of recyclable material from the solid waste stream at the point of generation or at a point under control of the generator for the purpose of collection and recycling; and (11) "Yard waste" means grass clippings, leaves, and shrubbery trimmings. Amended by Act 2019, No. 695,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 32, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2856, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2855, eff. 7/1/2019. Amended by Act 2017, No. 1067,§ 3, eff. 8/1/2017. Acts 1991, No. 749, § 1; 1993, No. 479, § 2; 1999, No. 1164, § 110; 2001, No. 94, § 2. See Act 2019, No. 695, § 3.

As used in this chapter:

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

(2) "Materials in the recycling process" means ferrous and nonferrous metals diverted or removed from the solid waste stream so that they may be reused, as long as: (A) Those materials are processed or handled using reasonably available processing equipment and control technology, as determined by the Director of the Division of Environmental Quality, taking cost into account; and (B) A substantial amount of the materials are consistently utilized to manufacture a product which otherwise would have been produced using virgin material;

(A) Those materials are processed or handled using reasonably available processing equipment and control technology, as determined by the Director of the Division of Environmental Quality, taking cost into account; and

(B) A substantial amount of the materials are consistently utilized to manufacture a product which otherwise would have been produced using virgin material;

(3) "Municipal solid waste" means waste produced by individuals, public entities, agriculture, and businesses, including yard waste and waste not traditionally included in the recycling rate calculation and that is by its nature eligible for disposal in a municipal solid waste landfill;

(4) "Person" means an individual, municipality, other governmental entity, or another entity recognized by law with rights and duties;

(5) "Recyclable materials" or "recyclables" means those materials from the solid waste stream that can be recovered for reuse in present or reprocessed form;

(6) "Recycling" means the systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange;

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

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

(9) "Solid waste district" or "district" means a regional solid waste management district or its successor created under § 8-6-701 et seq.;

(10) "Source separation" means the act or process of removing a particular type of recyclable material from the solid waste stream at the point of generation or at a point under control of the generator for the purpose of collection and recycling; and

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

Amended by Act 2019, No. 695,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 32, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2856, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2855, eff. 7/1/2019.

Amended by Act 2017, No. 1067,§ 3, eff. 8/1/2017.

Acts 1991, No. 749, § 1; 1993, No. 479, § 2; 1999, No. 1164, § 110; 2001, No. 94, § 2.

See Act 2019, No. 695, § 3.
Ark. Code Ann. § 8-5-201 — AR Code / Title 8 / Chapter 5 / Subchapter 2 / Section 8-5-201
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission or its successor; (2) "License" means a certificate of competency issued by the Division of Environmental Quality to operators who have met the requirements of the licensing program; (3) "Licensing committee" means the committee of operators and technicians established in this subchapter to assist and advise the division in the examining and licensing of operators; (4) (A) "Operator" means any person who is in responsible charge of the operation of a wastewater treatment plant, in whole or in part, and who, during the performance of his or her regular duties, exercises individual judgment which directly or indirectly may affect the proper operation of the wastewater treatment plant. (B) "Operator" shall not be deemed to include an official solely exercising general administrative supervision; and (5) "Wastewater treatment plant" means any plant, disposal field, lagoon, pumping station, or other works: (A) That use chemical or biological processes for: (i) Treating, stabilizing, or disposing of sewage, industrial wastewaters, or other wastewaters; or (ii) The reduction and handling of sludge removed from such wastewater; and (B) From which: (i) A discharge to the waters of the state occurs; or (ii) Municipal wastewater is land-applied. Amended by Act 2019, No. 910,§ 2554, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2553, eff. 7/1/2019. Acts 1971, No. 211, § 2; A.S.A. 1947, § 82-1984; Acts 1997, No. 1219, § 7; 1999, No. 719, § 1; 1999, No. 1164, § 39.

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

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

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

(3) "Licensing committee" means the committee of operators and technicians established in this subchapter to assist and advise the division in the examining and licensing of operators;

(4) (A) "Operator" means any person who is in responsible charge of the operation of a wastewater treatment plant, in whole or in part, and who, during the performance of his or her regular duties, exercises individual judgment which directly or indirectly may affect the proper operation of the wastewater treatment plant. (B) "Operator" shall not be deemed to include an official solely exercising general administrative supervision; and

(A) "Operator" means any person who is in responsible charge of the operation of a wastewater treatment plant, in whole or in part, and who, during the performance of his or her regular duties, exercises individual judgment which directly or indirectly may affect the proper operation of the wastewater treatment plant.

(B) "Operator" shall not be deemed to include an official solely exercising general administrative supervision; and

(5) "Wastewater treatment plant" means any plant, disposal field, lagoon, pumping station, or other works: (A) That use chemical or biological processes for: (i) Treating, stabilizing, or disposing of sewage, industrial wastewaters, or other wastewaters; or (ii) The reduction and handling of sludge removed from such wastewater; and (B) From which: (i) A discharge to the waters of the state occurs; or (ii) Municipal wastewater is land-applied.

(A) That use chemical or biological processes for: (i) Treating, stabilizing, or disposing of sewage, industrial wastewaters, or other wastewaters; or (ii) The reduction and handling of sludge removed from such wastewater; and

(i) Treating, stabilizing, or disposing of sewage, industrial wastewaters, or other wastewaters; or

(ii) The reduction and handling of sludge removed from such wastewater; and

(B) From which: (i) A discharge to the waters of the state occurs; or (ii) Municipal wastewater is land-applied.

(i) A discharge to the waters of the state occurs; or

(ii) Municipal wastewater is land-applied.

Amended by Act 2019, No. 910,§ 2554, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2553, eff. 7/1/2019.

Acts 1971, No. 211, § 2; A.S.A. 1947, § 82-1984; Acts 1997, No. 1219, § 7; 1999, No. 719, § 1; 1999, No. 1164, § 39.