Ark. Code Ann. § 8-4-318 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-318
National Ambient Air Quality Standards implementation
Status: in_force

(a) (1) The Division of Environmental Quality shall develop NAAQS state implementation plans. (2) Each NAAQS state implementation plan shall include the measures necessary for the attainment and maintenance of the National Ambient Air Quality Standard in each air quality control region or portion of an air quality control region within the state. (b) (1) Except with regard to permitting decisions for major source construction under Part C or D of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq. or 42 U.S.C. § 7501 et seq., National Ambient Air Quality Standards are not effective until adopted by the Arkansas Pollution Control and Ecology Commission under § 8-4-311(b) . (2) Except as required for the permitting of major source construction under Part C or D of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq. or 42 U.S.C. § 7501 et seq., or otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the division shall not mandate for any stationary source measures for the attainment and maintenance of a National Ambient Air Quality Standard until such measures are included in the applicable NAAQS state implementation plan and the NAAQS state implementation plan has been submitted to the United States Environmental Protection Agency. However, this subdivision (b)(2) does not limit or delay the effectiveness of any applicable emission limit or standard promulgated by the United States Environmental Protection Agency under §§ 111, 112, or 129 of the Clean Air Act, 42 U.S.C. § 7411 , 42 U.S.C. § 7412 , or 42 U.S.C. § 7429 . (3) Unless otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the division shall not require or consider air dispersion modeling of an air contaminant for which a National Ambient Air Quality Standard has been established in air permitting decisions for stationary sources except: (A) As required by Part C of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq., and the federal regulations promulgated thereto, for the permitting of major source construction; (B) If necessary in the judgment of the division, with respect to permitting of a temporary source under 42 U.S.C. § 7661c(e) ; or (C) Pollutant-specific or facility-specific air dispersion modeling explicitly required by an applicable NAAQS state implementation plan submitted to the United States Environmental Protection Agency. (c) This section does not prohibit the division from conducting and considering air dispersion modeling as necessary for the: (1) Development of a state implementation plan; or (2) Development of a general permit under § 8-4-203 . Amended by Act 2019, No. 910,§ 2552, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2551, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2550, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2549, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2548, eff. 7/1/2019. Added by Act 2013, No. 1302,§ 5, eff. 4/18/2013.

(a) (1) The Division of Environmental Quality shall develop NAAQS state implementation plans. (2) Each NAAQS state implementation plan shall include the measures necessary for the attainment and maintenance of the National Ambient Air Quality Standard in each air quality control region or portion of an air quality control region within the state.

(1) The Division of Environmental Quality shall develop NAAQS state implementation plans.

(2) Each NAAQS state implementation plan shall include the measures necessary for the attainment and maintenance of the National Ambient Air Quality Standard in each air quality control region or portion of an air quality control region within the state.

(b) (1) Except with regard to permitting decisions for major source construction under Part C or D of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq. or 42 U.S.C. § 7501 et seq., National Ambient Air Quality Standards are not effective until adopted by the Arkansas Pollution Control and Ecology Commission under § 8-4-311(b) . (2) Except as required for the permitting of major source construction under Part C or D of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq. or 42 U.S.C. § 7501 et seq., or otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the division shall not mandate for any stationary source measures for the attainment and maintenance of a National Ambient Air Quality Standard until such measures are included in the applicable NAAQS state implementation plan and the NAAQS state implementation plan has been submitted to the United States Environmental Protection Agency. However, this subdivision (b)(2) does not limit or delay the effectiveness of any applicable emission limit or standard promulgated by the United States Environmental Protection Agency under §§ 111, 112, or 129 of the Clean Air Act, 42 U.S.C. § 7411 , 42 U.S.C. § 7412 , or 42 U.S.C. § 7429 . (3) Unless otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the division shall not require or consider air dispersion modeling of an air contaminant for which a National Ambient Air Quality Standard has been established in air permitting decisions for stationary sources except: (A) As required by Part C of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq., and the federal regulations promulgated thereto, for the permitting of major source construction; (B) If necessary in the judgment of the division, with respect to permitting of a temporary source under 42 U.S.C. § 7661c(e) ; or (C) Pollutant-specific or facility-specific air dispersion modeling explicitly required by an applicable NAAQS state implementation plan submitted to the United States Environmental Protection Agency.

(1) Except with regard to permitting decisions for major source construction under Part C or D of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq. or 42 U.S.C. § 7501 et seq., National Ambient Air Quality Standards are not effective until adopted by the Arkansas Pollution Control and Ecology Commission under § 8-4-311(b) .

(2) Except as required for the permitting of major source construction under Part C or D of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq. or 42 U.S.C. § 7501 et seq., or otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the division shall not mandate for any stationary source measures for the attainment and maintenance of a National Ambient Air Quality Standard until such measures are included in the applicable NAAQS state implementation plan and the NAAQS state implementation plan has been submitted to the United States Environmental Protection Agency. However, this subdivision (b)(2) does not limit or delay the effectiveness of any applicable emission limit or standard promulgated by the United States Environmental Protection Agency under §§ 111, 112, or 129 of the Clean Air Act, 42 U.S.C. § 7411 , 42 U.S.C. § 7412 , or 42 U.S.C. § 7429 .

(3) Unless otherwise voluntarily proposed and agreed to by the owner or operator of a stationary source, the division shall not require or consider air dispersion modeling of an air contaminant for which a National Ambient Air Quality Standard has been established in air permitting decisions for stationary sources except: (A) As required by Part C of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq., and the federal regulations promulgated thereto, for the permitting of major source construction; (B) If necessary in the judgment of the division, with respect to permitting of a temporary source under 42 U.S.C. § 7661c(e) ; or (C) Pollutant-specific or facility-specific air dispersion modeling explicitly required by an applicable NAAQS state implementation plan submitted to the United States Environmental Protection Agency.

(A) As required by Part C of Title I of the Clean Air Act, 42 U.S.C. § 7470 et seq., and the federal regulations promulgated thereto, for the permitting of major source construction;

(B) If necessary in the judgment of the division, with respect to permitting of a temporary source under 42 U.S.C. § 7661c(e) ; or

(C) Pollutant-specific or facility-specific air dispersion modeling explicitly required by an applicable NAAQS state implementation plan submitted to the United States Environmental Protection Agency.

(c) This section does not prohibit the division from conducting and considering air dispersion modeling as necessary for the: (1) Development of a state implementation plan; or (2) Development of a general permit under § 8-4-203 .

(1) Development of a state implementation plan; or

(2) Development of a general permit under § 8-4-203 .

Amended by Act 2019, No. 910,§ 2552, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2551, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2550, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2549, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2548, eff. 7/1/2019.

Added by Act 2013, No. 1302,§ 5, eff. 4/18/2013.
Ark. Code Ann. § 8-6-1005 — AR Code / Title 8 / Chapter 6 / Subchapter 10 / Section 8-6-1005
Penalties
Status: in_force

Failure of the permittee or solid waste transporter to pay the fees assessed by the Division of Environmental Quality shall provide grounds for administrative or civil enforcement action. Sanctions may include civil penalties as provided in the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or the revocation of the solid waste disposal or solid waste transporter permit. Amended by Act 2019, No. 910,§ 2682, eff. 7/1/2019. Acts 1991, No. 747, § 1; 1993, No. 1127, § 2.

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

Amended by Act 2019, No. 910,§ 2682, eff. 7/1/2019.

Acts 1991, No. 747, § 1; 1993, No. 1127, § 2.
Ark. Code Ann. § 8-1-302 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-302
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) (A) "Environmental audit" means a voluntary, internal, and comprehensive evaluation of one (1) or more facilities or an activity at one (1) or more facilities regulated under this chapter, or federal, regional, or local counterparts or extensions thereof, or of management systems related to that facility or activity, that is designed to identify and prevent noncompliance and to improve compliance with statutory or regulatory requirements. (B) An environmental audit may be conducted by the owner or operator, by the owner's or operator's employees, or by independent contractors; and (3) "Environmental audit report" means a set of documents prepared as a result of an environmental audit, and labeled "ENVIRONMENTAL AUDIT REPORT: PRIVILEGED DOCUMENT", that may include: (A) Field notes, records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically recorded information, maps, charts, graphs, and surveys collected or developed for the primary purpose of preparing an environmental audit; (B) An audit report prepared by the auditor that includes: (i) The scope of the audit; (ii) The information gained in the audit; (iii) Conclusions and recommendations; and (iv) Exhibits and appendices; (C) Memoranda and documents analyzing a portion of or all of the audit report and discussing implementation issues; and (D) An implementation plan that addresses correcting past compliance, improving current compliance, and preventing future noncompliance. Amended by Act 2019, No. 910,§ 2436, eff. 7/1/2019. Acts 1995, No. 350, § 1; 1999, No. 1164, § 11.

As used in this subchapter:

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

(2) (A) "Environmental audit" means a voluntary, internal, and comprehensive evaluation of one (1) or more facilities or an activity at one (1) or more facilities regulated under this chapter, or federal, regional, or local counterparts or extensions thereof, or of management systems related to that facility or activity, that is designed to identify and prevent noncompliance and to improve compliance with statutory or regulatory requirements. (B) An environmental audit may be conducted by the owner or operator, by the owner's or operator's employees, or by independent contractors; and

(A) "Environmental audit" means a voluntary, internal, and comprehensive evaluation of one (1) or more facilities or an activity at one (1) or more facilities regulated under this chapter, or federal, regional, or local counterparts or extensions thereof, or of management systems related to that facility or activity, that is designed to identify and prevent noncompliance and to improve compliance with statutory or regulatory requirements.

(B) An environmental audit may be conducted by the owner or operator, by the owner's or operator's employees, or by independent contractors; and

(3) "Environmental audit report" means a set of documents prepared as a result of an environmental audit, and labeled "ENVIRONMENTAL AUDIT REPORT: PRIVILEGED DOCUMENT", that may include: (A) Field notes, records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically recorded information, maps, charts, graphs, and surveys collected or developed for the primary purpose of preparing an environmental audit; (B) An audit report prepared by the auditor that includes: (i) The scope of the audit; (ii) The information gained in the audit; (iii) Conclusions and recommendations; and (iv) Exhibits and appendices; (C) Memoranda and documents analyzing a portion of or all of the audit report and discussing implementation issues; and (D) An implementation plan that addresses correcting past compliance, improving current compliance, and preventing future noncompliance.

(A) Field notes, records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically recorded information, maps, charts, graphs, and surveys collected or developed for the primary purpose of preparing an environmental audit;

(B) An audit report prepared by the auditor that includes: (i) The scope of the audit; (ii) The information gained in the audit; (iii) Conclusions and recommendations; and (iv) Exhibits and appendices;

(i) The scope of the audit;

(ii) The information gained in the audit;

(iii) Conclusions and recommendations; and

(iv) Exhibits and appendices;

(C) Memoranda and documents analyzing a portion of or all of the audit report and discussing implementation issues; and

(D) An implementation plan that addresses correcting past compliance, improving current compliance, and preventing future noncompliance.

Amended by Act 2019, No. 910,§ 2436, eff. 7/1/2019.

Acts 1995, No. 350, § 1; 1999, No. 1164, § 11.
Ark. Code Ann. § 8-5-504 — AR Code / Title 8 / Chapter 5 / Subchapter 5 / Section 8-5-504
Chlorides standard
Status: in_force

Should the water of any stream of this state have more than two hundred fifty parts per million (250 ppm) of chlorides as a result of a violation of this subchapter, then the Arkansas Pollution Control and Ecology Commission shall seek to learn of the source of the pollution and take steps to eliminate the source of pollution. Acts 1969, No. 254, § 4; A.S.A. 1947, § 84-2120.4; Acts 2003, No. 1180, § 1.

Should the water of any stream of this state have more than two hundred fifty parts per million (250 ppm) of chlorides as a result of a violation of this subchapter, then the Arkansas Pollution Control and Ecology Commission shall seek to learn of the source of the pollution and take steps to eliminate the source of pollution.

Acts 1969, No. 254, § 4; A.S.A. 1947, § 84-2120.4; Acts 2003, No. 1180, § 1.
Ark. Code Ann. § 8-9-807 — AR Code / Title 8 / Chapter 9 / Subchapter 8 / Section 8-9-807
Construction and operation
Status: in_force

The entities under the federal charter under § 8-9-804 shall be responsible for the construction and operation of the spent nuclear fuel interim storage and recycling facility and through the use of federal funds shall: (1) Receive the design documentation completed under § 8-9-804 ; (2) Develop construction documents, update cost data, and establish a schedule for construction to be completed with a national laboratory; (3) Contract with a design firm to provide design and construction documents for the spent nuclear fuel interim storage and recycling facility containment building; (4) Contract with a contractor to build the spent nuclear fuel interim storage and recycling facility as designed and provide start-up assistance with the spent nuclear fuel interim storage and recycling facilities; and (5) Contract with a national laboratory to provide installation management of the pyrotechnic lines inside the spent nuclear fuel interim storage and recycling facility containment building and to provide start-up management and training for permanent operators and maintenance. Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.

The entities under the federal charter under § 8-9-804 shall be responsible for the construction and operation of the spent nuclear fuel interim storage and recycling facility and through the use of federal funds shall:

(1) Receive the design documentation completed under § 8-9-804 ;

(2) Develop construction documents, update cost data, and establish a schedule for construction to be completed with a national laboratory;

(3) Contract with a design firm to provide design and construction documents for the spent nuclear fuel interim storage and recycling facility containment building;

(4) Contract with a contractor to build the spent nuclear fuel interim storage and recycling facility as designed and provide start-up assistance with the spent nuclear fuel interim storage and recycling facilities; and

(5) Contract with a national laboratory to provide installation management of the pyrotechnic lines inside the spent nuclear fuel interim storage and recycling facility containment building and to provide start-up management and training for permanent operators and maintenance.

Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 8-7-524 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-524
Recycling transactions - Definitions
Status: in_force

(a) The purposes of this section are: (1) To promote the reuse and recycling of scrap material in Arkansas while protecting human health and the environment; (2) To promote the goals of the Arkansas Pollution Prevention Act, § 8-10-201 et seq., and related Arkansas legislation intended to encourage recycling; (3) To create greater equity in the statutory treatment of recycled material versus virgin materials; (4) To remove the disincentives and impediments to recycling in Arkansas created as an unintended consequence of certain liability provisions contained in this subchapter; and (5) To incorporate into this subchapter amendments to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, adopted by the United States Congress in 1999 in Pub. L. No. 106-113, thus ensuring that Arkansas law does not contain more stringent provisions than federal law. (b) (1) As provided in subsections (c)-(f) of this section, a person who arranged for recycling of recyclable material shall not be liable under § 8-7-512(a)(3) or § 8-7-512(a)(4) with respect to the recyclable material. (2) Nothing in this section shall be deemed to affect the liability of a person under § 8-7-512(a)(3) or § 8-7-512(a)(4) with respect to material that is not recyclable material as defined in subsection (c) of this section. (c) (1) As used in this section, "recyclable material" means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber other than whole tires, scrap metal, or spent lead-acid batteries, spent nickel-cadmium batteries, and other spent batteries, as well as minor amounts of material incident to or adhering to the scrap material as a result of its normal and customary use prior to becoming scrap. (2) However, "recyclable material" does not include: (A) Shipping containers of a capacity from thirty liters (30 l) to three thousand liters (3,000 l), whether intact or not, having any hazardous substance, but not metal bits and pieces or hazardous substance that form an integral part of the shipping container, contained on or adhering thereto; or (B) Any item of material that contains polychlorinated biphenyls at a concentration in excess of fifty parts per million (50 ppm) or any new standard promulgated pursuant to applicable federal laws. (d) Transactions involving scrap paper, scrap plastic, scrap glass, scrap textiles, or scrap rubber other than whole tires shall be deemed to be arranging for recycling of recyclable material, if the person who arranged for the transaction by selling recyclable material or otherwise arranging for the recycling of recyclable material can demonstrate by a preponderance of the evidence that all of the following criteria were met at the time of the transaction: (1) The recyclable material met a commercial specification grade; (2) A market existed for the recyclable material; (3) A substantial portion of the recyclable material was made available for use as feedstock for the manufacture of a salable new product; (4) The recyclable material could have been a replacement or substitute for a virgin raw material, or the product to be made from the recyclable material could have been a replacement or substitute for a product made, in whole or in part, from virgin raw material; (5) For transactions occurring ninety (90) days or more after the date of enactment of this section, the person exercised reasonable care to determine that the facility where the recyclable material was handled, processed, reclaimed, or otherwise managed by another person, i.e., a consuming facility, was in compliance with substantive, not procedural or administrative, provisions of any federal, state, or local environmental law or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with recyclable material; and (6) As used in this subsection, "reasonable care" shall be determined using criteria that include: (A) The price paid in the recycling transaction; (B) The ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with recyclable material; and (C) (i) The result of inquiries made to the appropriate federal, state, or local environmental agency regarding the consuming facility's past and current compliance with substantive, not procedural or administrative, provisions of any federal, state, or local environmental law or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material. (ii) For the purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activity associated with the recyclable material shall be deemed to be a substantive provision. (e) (1) Transactions involving scrap metal shall be deemed to be arranging for recycling, if the person who arranged for the transaction by selling recyclable material or otherwise arranging for the recycling of recyclable material can demonstrate by a preponderance of the evidence that at the time of the transaction the person: (A) Met the criteria set forth in subsection (d) of this section with respect to the scrap metal; (B) Was in compliance with any applicable rules or standards regarding the storage, transport, management, or other activities associated with the recycling of scrap metal that the Arkansas Pollution Control and Ecology Commission promulgates after the enactment of this section and with regard to transactions occurring after the effective date of those rules or standards; and (C) Did not melt the scrap metal prior to the transaction. (2) For purposes of subdivision (e)(1)(C) of this section, melting of scrap metal does not include the thermal separation of two (2) or more materials due to differences in their melting points, referred to as "sweating". (3) Except for scrap metals that the United States Environmental Protection Agency or the commission excludes from this definition by regulation, as used in this subsection, "scrap metal" means: (A) Bits and pieces of metal parts, such as bars, turnings, rods, sheets, or wire; or (B) Metal pieces that may be combined together with bolts or soldering, such as radiators, scrap automobiles, or railroad box cars, which when worn or superfluous can be recycled. (f) Transactions involving spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries shall be deemed to be arranging for recycling, if the person who arranged for the transaction by selling recyclable material or otherwise arranging for the recycling of recyclable material can demonstrate by a preponderance of the evidence that at the time of the transaction: (1) The person: (A) Met the criteria set forth in subsection (d) of this section with respect to the spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries, but did not recover the valuable components of such spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries; and (B) With respect to transactions involving lead-acid batteries, was in compliance with applicable federal regulations or standards and Arkansas environmental rules or standards, and any amendments thereto, regarding the storage, transport, management, or other activities associated with the recycling of spent lead-acid batteries; (2) With respect to transactions involving nickel-cadmium batteries, federal regulations or standards and Arkansas environmental rules or standards were in effect regarding the storage, transport, management, or other activities associated with the recycling of spent nickel-cadmium batteries, and the person was in compliance with applicable regulations, rules, or standards or any amendments thereto; or (3) With respect to transactions involving other spent batteries, federal regulations or standards and Arkansas environmental rules or standards were in effect regarding the storage, transport, management, or other activities associated with the recycling of those other spent batteries, and the person was in compliance with applicable regulations, rules, or standards or any amendments thereto. (g) (1) The exemptions set forth in subsections (d)-(f) of this section shall not apply if the person: (A) Had an objectively reasonable basis to believe at the time of the recycling transaction: (i) That the recyclable material would not be recycled; (ii) That the recyclable material would be burned as fuel, or for energy recovery or incineration; or (iii) For transactions occurring before ninety (90) days after the date of the enactment of this section, that the consuming facility was not in compliance with a substantive, not procedural or administrative, provision of any federal, state, or local environmental law, rule, or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, or other management activities associated with the recyclable material; (B) Had reason to believe that hazardous substances had been added to the recyclable material for purposes other than processing for recycling; or (C) Failed to exercise reasonable care with respect to the management and handling of the recyclable material, including adhering to customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances. (2) For purposes of this subsection, an objectively reasonable basis for belief shall be determined using criteria that include: (A) The size of the person's business; (B) Customary industry practices, including customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances; (C) The price paid in the recycling transaction; and (D) The ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with the recyclable material. (3) For purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activities associated with recyclable material shall be deemed to be a substantive provision. (h) Nothing in this section shall be deemed to affect the liability of a person under § 8-7-512(a)(1) or § 8-7-512(a)(2) . (i) The commission is authorized to promulgate additional rules concerning this section. (j) The exemptions provided in this section shall not affect any concluded judicial or administrative action or any pending judicial action initiated by the State of Arkansas before enactment of this section. (k) (1) Any person who commences an action in contribution against a person who is not liable by operation of this section shall be liable to that person for all reasonable costs of defending that action, including all reasonable attorney's and expert witness fees. (2) As used in this subsection, "person" does not include an agency, board, commission, or department of the State of Arkansas. (l) Nothing in this section shall affect: (1) Liability under any other federal, Arkansas, or local statute, rule, or regulation promulgated pursuant to any such statute, including any requirements promulgated by the Arkansas Pollution Control and Ecology Commission under the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.; or (2) The ability of the Arkansas Pollution Control and Ecology Commission to promulgate rules under any other statute, including the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. (m) Nothing in this section shall be construed to: (1) Affect any defenses or liabilities of any person to whom subdivision (b)(1) of this section does not apply; or (2) Create any presumption of liability against any person to whom subdivision (b)(1) of this section does not apply. Amended by Act 2019, No. 315,§ 643, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 642, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 641, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 640, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 639, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 638, eff. 7/24/2019. Acts 2001, No. 449, § 2.

(a) The purposes of this section are: (1) To promote the reuse and recycling of scrap material in Arkansas while protecting human health and the environment; (2) To promote the goals of the Arkansas Pollution Prevention Act, § 8-10-201 et seq., and related Arkansas legislation intended to encourage recycling; (3) To create greater equity in the statutory treatment of recycled material versus virgin materials; (4) To remove the disincentives and impediments to recycling in Arkansas created as an unintended consequence of certain liability provisions contained in this subchapter; and (5) To incorporate into this subchapter amendments to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, adopted by the United States Congress in 1999 in Pub. L. No. 106-113, thus ensuring that Arkansas law does not contain more stringent provisions than federal law.

(1) To promote the reuse and recycling of scrap material in Arkansas while protecting human health and the environment;

(2) To promote the goals of the Arkansas Pollution Prevention Act, § 8-10-201 et seq., and related Arkansas legislation intended to encourage recycling;

(3) To create greater equity in the statutory treatment of recycled material versus virgin materials;

(4) To remove the disincentives and impediments to recycling in Arkansas created as an unintended consequence of certain liability provisions contained in this subchapter; and

(5) To incorporate into this subchapter amendments to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, adopted by the United States Congress in 1999 in Pub. L. No. 106-113, thus ensuring that Arkansas law does not contain more stringent provisions than federal law.

(b) (1) As provided in subsections (c)-(f) of this section, a person who arranged for recycling of recyclable material shall not be liable under § 8-7-512(a)(3) or § 8-7-512(a)(4) with respect to the recyclable material. (2) Nothing in this section shall be deemed to affect the liability of a person under § 8-7-512(a)(3) or § 8-7-512(a)(4) with respect to material that is not recyclable material as defined in subsection (c) of this section.

(1) As provided in subsections (c)-(f) of this section, a person who arranged for recycling of recyclable material shall not be liable under § 8-7-512(a)(3) or § 8-7-512(a)(4) with respect to the recyclable material.

(2) Nothing in this section shall be deemed to affect the liability of a person under § 8-7-512(a)(3) or § 8-7-512(a)(4) with respect to material that is not recyclable material as defined in subsection (c) of this section.

(c) (1) As used in this section, "recyclable material" means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber other than whole tires, scrap metal, or spent lead-acid batteries, spent nickel-cadmium batteries, and other spent batteries, as well as minor amounts of material incident to or adhering to the scrap material as a result of its normal and customary use prior to becoming scrap. (2) However, "recyclable material" does not include: (A) Shipping containers of a capacity from thirty liters (30 l) to three thousand liters (3,000 l), whether intact or not, having any hazardous substance, but not metal bits and pieces or hazardous substance that form an integral part of the shipping container, contained on or adhering thereto; or (B) Any item of material that contains polychlorinated biphenyls at a concentration in excess of fifty parts per million (50 ppm) or any new standard promulgated pursuant to applicable federal laws.

(1) As used in this section, "recyclable material" means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber other than whole tires, scrap metal, or spent lead-acid batteries, spent nickel-cadmium batteries, and other spent batteries, as well as minor amounts of material incident to or adhering to the scrap material as a result of its normal and customary use prior to becoming scrap.

(2) However, "recyclable material" does not include: (A) Shipping containers of a capacity from thirty liters (30 l) to three thousand liters (3,000 l), whether intact or not, having any hazardous substance, but not metal bits and pieces or hazardous substance that form an integral part of the shipping container, contained on or adhering thereto; or (B) Any item of material that contains polychlorinated biphenyls at a concentration in excess of fifty parts per million (50 ppm) or any new standard promulgated pursuant to applicable federal laws.

(A) Shipping containers of a capacity from thirty liters (30 l) to three thousand liters (3,000 l), whether intact or not, having any hazardous substance, but not metal bits and pieces or hazardous substance that form an integral part of the shipping container, contained on or adhering thereto; or

(B) Any item of material that contains polychlorinated biphenyls at a concentration in excess of fifty parts per million (50 ppm) or any new standard promulgated pursuant to applicable federal laws.

(d) Transactions involving scrap paper, scrap plastic, scrap glass, scrap textiles, or scrap rubber other than whole tires shall be deemed to be arranging for recycling of recyclable material, if the person who arranged for the transaction by selling recyclable material or otherwise arranging for the recycling of recyclable material can demonstrate by a preponderance of the evidence that all of the following criteria were met at the time of the transaction: (1) The recyclable material met a commercial specification grade; (2) A market existed for the recyclable material; (3) A substantial portion of the recyclable material was made available for use as feedstock for the manufacture of a salable new product; (4) The recyclable material could have been a replacement or substitute for a virgin raw material, or the product to be made from the recyclable material could have been a replacement or substitute for a product made, in whole or in part, from virgin raw material; (5) For transactions occurring ninety (90) days or more after the date of enactment of this section, the person exercised reasonable care to determine that the facility where the recyclable material was handled, processed, reclaimed, or otherwise managed by another person, i.e., a consuming facility, was in compliance with substantive, not procedural or administrative, provisions of any federal, state, or local environmental law or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with recyclable material; and (6) As used in this subsection, "reasonable care" shall be determined using criteria that include: (A) The price paid in the recycling transaction; (B) The ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with recyclable material; and (C) (i) The result of inquiries made to the appropriate federal, state, or local environmental agency regarding the consuming facility's past and current compliance with substantive, not procedural or administrative, provisions of any federal, state, or local environmental law or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material. (ii) For the purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activity associated with the recyclable material shall be deemed to be a substantive provision.

(1) The recyclable material met a commercial specification grade;

(2) A market existed for the recyclable material;

(3) A substantial portion of the recyclable material was made available for use as feedstock for the manufacture of a salable new product;

(4) The recyclable material could have been a replacement or substitute for a virgin raw material, or the product to be made from the recyclable material could have been a replacement or substitute for a product made, in whole or in part, from virgin raw material;

(5) For transactions occurring ninety (90) days or more after the date of enactment of this section, the person exercised reasonable care to determine that the facility where the recyclable material was handled, processed, reclaimed, or otherwise managed by another person, i.e., a consuming facility, was in compliance with substantive, not procedural or administrative, provisions of any federal, state, or local environmental law or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with recyclable material; and

(6) As used in this subsection, "reasonable care" shall be determined using criteria that include: (A) The price paid in the recycling transaction; (B) The ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with recyclable material; and (C) (i) The result of inquiries made to the appropriate federal, state, or local environmental agency regarding the consuming facility's past and current compliance with substantive, not procedural or administrative, provisions of any federal, state, or local environmental law or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material. (ii) For the purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activity associated with the recyclable material shall be deemed to be a substantive provision.

(A) The price paid in the recycling transaction;

(B) The ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with recyclable material; and

(C) (i) The result of inquiries made to the appropriate federal, state, or local environmental agency regarding the consuming facility's past and current compliance with substantive, not procedural or administrative, provisions of any federal, state, or local environmental law or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material. (ii) For the purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activity associated with the recyclable material shall be deemed to be a substantive provision.

(i) The result of inquiries made to the appropriate federal, state, or local environmental agency regarding the consuming facility's past and current compliance with substantive, not procedural or administrative, provisions of any federal, state, or local environmental law or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material.

(ii) For the purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activity associated with the recyclable material shall be deemed to be a substantive provision.

(e) (1) Transactions involving scrap metal shall be deemed to be arranging for recycling, if the person who arranged for the transaction by selling recyclable material or otherwise arranging for the recycling of recyclable material can demonstrate by a preponderance of the evidence that at the time of the transaction the person: (A) Met the criteria set forth in subsection (d) of this section with respect to the scrap metal; (B) Was in compliance with any applicable rules or standards regarding the storage, transport, management, or other activities associated with the recycling of scrap metal that the Arkansas Pollution Control and Ecology Commission promulgates after the enactment of this section and with regard to transactions occurring after the effective date of those rules or standards; and (C) Did not melt the scrap metal prior to the transaction. (2) For purposes of subdivision (e)(1)(C) of this section, melting of scrap metal does not include the thermal separation of two (2) or more materials due to differences in their melting points, referred to as "sweating". (3) Except for scrap metals that the United States Environmental Protection Agency or the commission excludes from this definition by regulation, as used in this subsection, "scrap metal" means: (A) Bits and pieces of metal parts, such as bars, turnings, rods, sheets, or wire; or (B) Metal pieces that may be combined together with bolts or soldering, such as radiators, scrap automobiles, or railroad box cars, which when worn or superfluous can be recycled.

(1) Transactions involving scrap metal shall be deemed to be arranging for recycling, if the person who arranged for the transaction by selling recyclable material or otherwise arranging for the recycling of recyclable material can demonstrate by a preponderance of the evidence that at the time of the transaction the person: (A) Met the criteria set forth in subsection (d) of this section with respect to the scrap metal; (B) Was in compliance with any applicable rules or standards regarding the storage, transport, management, or other activities associated with the recycling of scrap metal that the Arkansas Pollution Control and Ecology Commission promulgates after the enactment of this section and with regard to transactions occurring after the effective date of those rules or standards; and (C) Did not melt the scrap metal prior to the transaction.

(A) Met the criteria set forth in subsection (d) of this section with respect to the scrap metal;

(B) Was in compliance with any applicable rules or standards regarding the storage, transport, management, or other activities associated with the recycling of scrap metal that the Arkansas Pollution Control and Ecology Commission promulgates after the enactment of this section and with regard to transactions occurring after the effective date of those rules or standards; and

(C) Did not melt the scrap metal prior to the transaction.

(2) For purposes of subdivision (e)(1)(C) of this section, melting of scrap metal does not include the thermal separation of two (2) or more materials due to differences in their melting points, referred to as "sweating".

(3) Except for scrap metals that the United States Environmental Protection Agency or the commission excludes from this definition by regulation, as used in this subsection, "scrap metal" means: (A) Bits and pieces of metal parts, such as bars, turnings, rods, sheets, or wire; or (B) Metal pieces that may be combined together with bolts or soldering, such as radiators, scrap automobiles, or railroad box cars, which when worn or superfluous can be recycled.

(A) Bits and pieces of metal parts, such as bars, turnings, rods, sheets, or wire; or

(B) Metal pieces that may be combined together with bolts or soldering, such as radiators, scrap automobiles, or railroad box cars, which when worn or superfluous can be recycled.

(f) Transactions involving spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries shall be deemed to be arranging for recycling, if the person who arranged for the transaction by selling recyclable material or otherwise arranging for the recycling of recyclable material can demonstrate by a preponderance of the evidence that at the time of the transaction: (1) The person: (A) Met the criteria set forth in subsection (d) of this section with respect to the spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries, but did not recover the valuable components of such spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries; and (B) With respect to transactions involving lead-acid batteries, was in compliance with applicable federal regulations or standards and Arkansas environmental rules or standards, and any amendments thereto, regarding the storage, transport, management, or other activities associated with the recycling of spent lead-acid batteries; (2) With respect to transactions involving nickel-cadmium batteries, federal regulations or standards and Arkansas environmental rules or standards were in effect regarding the storage, transport, management, or other activities associated with the recycling of spent nickel-cadmium batteries, and the person was in compliance with applicable regulations, rules, or standards or any amendments thereto; or (3) With respect to transactions involving other spent batteries, federal regulations or standards and Arkansas environmental rules or standards were in effect regarding the storage, transport, management, or other activities associated with the recycling of those other spent batteries, and the person was in compliance with applicable regulations, rules, or standards or any amendments thereto.

(1) The person: (A) Met the criteria set forth in subsection (d) of this section with respect to the spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries, but did not recover the valuable components of such spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries; and (B) With respect to transactions involving lead-acid batteries, was in compliance with applicable federal regulations or standards and Arkansas environmental rules or standards, and any amendments thereto, regarding the storage, transport, management, or other activities associated with the recycling of spent lead-acid batteries;

(A) Met the criteria set forth in subsection (d) of this section with respect to the spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries, but did not recover the valuable components of such spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries; and

(B) With respect to transactions involving lead-acid batteries, was in compliance with applicable federal regulations or standards and Arkansas environmental rules or standards, and any amendments thereto, regarding the storage, transport, management, or other activities associated with the recycling of spent lead-acid batteries;

(2) With respect to transactions involving nickel-cadmium batteries, federal regulations or standards and Arkansas environmental rules or standards were in effect regarding the storage, transport, management, or other activities associated with the recycling of spent nickel-cadmium batteries, and the person was in compliance with applicable regulations, rules, or standards or any amendments thereto; or

(3) With respect to transactions involving other spent batteries, federal regulations or standards and Arkansas environmental rules or standards were in effect regarding the storage, transport, management, or other activities associated with the recycling of those other spent batteries, and the person was in compliance with applicable regulations, rules, or standards or any amendments thereto.

(g) (1) The exemptions set forth in subsections (d)-(f) of this section shall not apply if the person: (A) Had an objectively reasonable basis to believe at the time of the recycling transaction: (i) That the recyclable material would not be recycled; (ii) That the recyclable material would be burned as fuel, or for energy recovery or incineration; or (iii) For transactions occurring before ninety (90) days after the date of the enactment of this section, that the consuming facility was not in compliance with a substantive, not procedural or administrative, provision of any federal, state, or local environmental law, rule, or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, or other management activities associated with the recyclable material; (B) Had reason to believe that hazardous substances had been added to the recyclable material for purposes other than processing for recycling; or (C) Failed to exercise reasonable care with respect to the management and handling of the recyclable material, including adhering to customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances. (2) For purposes of this subsection, an objectively reasonable basis for belief shall be determined using criteria that include: (A) The size of the person's business; (B) Customary industry practices, including customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances; (C) The price paid in the recycling transaction; and (D) The ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with the recyclable material. (3) For purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activities associated with recyclable material shall be deemed to be a substantive provision.

(1) The exemptions set forth in subsections (d)-(f) of this section shall not apply if the person: (A) Had an objectively reasonable basis to believe at the time of the recycling transaction: (i) That the recyclable material would not be recycled; (ii) That the recyclable material would be burned as fuel, or for energy recovery or incineration; or (iii) For transactions occurring before ninety (90) days after the date of the enactment of this section, that the consuming facility was not in compliance with a substantive, not procedural or administrative, provision of any federal, state, or local environmental law, rule, or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, or other management activities associated with the recyclable material; (B) Had reason to believe that hazardous substances had been added to the recyclable material for purposes other than processing for recycling; or (C) Failed to exercise reasonable care with respect to the management and handling of the recyclable material, including adhering to customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances.

(A) Had an objectively reasonable basis to believe at the time of the recycling transaction: (i) That the recyclable material would not be recycled; (ii) That the recyclable material would be burned as fuel, or for energy recovery or incineration; or (iii) For transactions occurring before ninety (90) days after the date of the enactment of this section, that the consuming facility was not in compliance with a substantive, not procedural or administrative, provision of any federal, state, or local environmental law, rule, or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, or other management activities associated with the recyclable material;

(i) That the recyclable material would not be recycled;

(ii) That the recyclable material would be burned as fuel, or for energy recovery or incineration; or

(iii) For transactions occurring before ninety (90) days after the date of the enactment of this section, that the consuming facility was not in compliance with a substantive, not procedural or administrative, provision of any federal, state, or local environmental law, rule, or regulation or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, or other management activities associated with the recyclable material;

(B) Had reason to believe that hazardous substances had been added to the recyclable material for purposes other than processing for recycling; or

(C) Failed to exercise reasonable care with respect to the management and handling of the recyclable material, including adhering to customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances.

(2) For purposes of this subsection, an objectively reasonable basis for belief shall be determined using criteria that include: (A) The size of the person's business; (B) Customary industry practices, including customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances; (C) The price paid in the recycling transaction; and (D) The ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with the recyclable material.

(A) The size of the person's business;

(B) Customary industry practices, including customary industry practices current at the time of the recycling transaction designed to minimize, through source control, contamination of the recyclable material by hazardous substances;

(C) The price paid in the recycling transaction; and

(D) The ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with the recyclable material.

(3) For purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activities associated with recyclable material shall be deemed to be a substantive provision.

(h) Nothing in this section shall be deemed to affect the liability of a person under § 8-7-512(a)(1) or § 8-7-512(a)(2) .

(i) The commission is authorized to promulgate additional rules concerning this section.

(j) The exemptions provided in this section shall not affect any concluded judicial or administrative action or any pending judicial action initiated by the State of Arkansas before enactment of this section.

(k) (1) Any person who commences an action in contribution against a person who is not liable by operation of this section shall be liable to that person for all reasonable costs of defending that action, including all reasonable attorney's and expert witness fees. (2) As used in this subsection, "person" does not include an agency, board, commission, or department of the State of Arkansas.

(1) Any person who commences an action in contribution against a person who is not liable by operation of this section shall be liable to that person for all reasonable costs of defending that action, including all reasonable attorney's and expert witness fees.

(2) As used in this subsection, "person" does not include an agency, board, commission, or department of the State of Arkansas.

(l) Nothing in this section shall affect: (1) Liability under any other federal, Arkansas, or local statute, rule, or regulation promulgated pursuant to any such statute, including any requirements promulgated by the Arkansas Pollution Control and Ecology Commission under the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.; or (2) The ability of the Arkansas Pollution Control and Ecology Commission to promulgate rules under any other statute, including the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

(1) Liability under any other federal, Arkansas, or local statute, rule, or regulation promulgated pursuant to any such statute, including any requirements promulgated by the Arkansas Pollution Control and Ecology Commission under the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.; or

(2) The ability of the Arkansas Pollution Control and Ecology Commission to promulgate rules under any other statute, including the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

(m) Nothing in this section shall be construed to: (1) Affect any defenses or liabilities of any person to whom subdivision (b)(1) of this section does not apply; or (2) Create any presumption of liability against any person to whom subdivision (b)(1) of this section does not apply.

(1) Affect any defenses or liabilities of any person to whom subdivision (b)(1) of this section does not apply; or

(2) Create any presumption of liability against any person to whom subdivision (b)(1) of this section does not apply.

Amended by Act 2019, No. 315,§ 643, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 642, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 641, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 640, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 639, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 638, eff. 7/24/2019.

Acts 2001, No. 449, § 2.
Ark. Code Ann. § 8-7-1005 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1005
Labeling - Definition
Status: in_force

(a) Existing labels on containers of hazardous chemicals shall not be removed or defaced. (b) (1) If a public employer transfers a hazardous chemical from the original container to another container, the public employer shall reproduce or otherwise place on the container to which the hazardous chemical was transferred the identity of the hazardous chemical and appropriate hazard warnings. (2) However, if such hazardous chemical is regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., or the Arkansas Pesticide Control Act, § 2-16-401 et seq., then such public employer shall reproduce on the container to which such hazardous chemical was transferred the chemical name or common name on the original container. (c) A public employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers and which are intended only for the immediate use of the public employee who performs the transfer. Public employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for immediate use by the public employee who placed the hazardous chemical into the portable container. As used in this subsection, "unlabeled container" means a container which is not labeled in accordance with this section or the Hazard Communication Standard. Acts 1991, No. 556, § 5; 1991, No. 1172, § 5.

(a) Existing labels on containers of hazardous chemicals shall not be removed or defaced.

(b) (1) If a public employer transfers a hazardous chemical from the original container to another container, the public employer shall reproduce or otherwise place on the container to which the hazardous chemical was transferred the identity of the hazardous chemical and appropriate hazard warnings. (2) However, if such hazardous chemical is regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., or the Arkansas Pesticide Control Act, § 2-16-401 et seq., then such public employer shall reproduce on the container to which such hazardous chemical was transferred the chemical name or common name on the original container.

(1) If a public employer transfers a hazardous chemical from the original container to another container, the public employer shall reproduce or otherwise place on the container to which the hazardous chemical was transferred the identity of the hazardous chemical and appropriate hazard warnings.

(2) However, if such hazardous chemical is regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., or the Arkansas Pesticide Control Act, § 2-16-401 et seq., then such public employer shall reproduce on the container to which such hazardous chemical was transferred the chemical name or common name on the original container.

(c) A public employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers and which are intended only for the immediate use of the public employee who performs the transfer. Public employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for immediate use by the public employee who placed the hazardous chemical into the portable container. As used in this subsection, "unlabeled container" means a container which is not labeled in accordance with this section or the Hazard Communication Standard.

Acts 1991, No. 556, § 5; 1991, No. 1172, § 5.
Ark. Code Ann. § 8-6-413 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-413
Authority to take possession of discarded items - Notice
Status: in_force

(a) (1) Any enforcement agency described in § 8-6-412 which has knowledge of, discovers, or finds any junk motor vehicle, old vehicle tire, or inoperative or discarded household appliance on either public or private property may take it into custody and possession. (2) The enforcement agency may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities for the purpose of removing, preserving, and storing junk motor vehicles, old vehicle tires, or inoperative or abandoned household appliances. (b) (1) However, before taking any junk motor vehicle into custody and possession from private property, the enforcement agency shall give the private property owner and the owner of the junk motor vehicle, if ascertainable, thirty (30) days' notice by registered or certified mail or seventy-two (72) hours' notice by personal service that such an action will be taken unless the junk motor vehicle is: (A) Restored to a functional use; (B) Disposed of by the owner in a manner not prohibited by this subchapter; or (C) Placed in an enclosed building. (2) The thirty-days' or seventy-two-hours' notice under subdivision (b)(1) of this section may be waived by the owners of the property. Acts 1977, No. 883, § 12; A.S.A. 1947, § 82-3912; Acts 2005, No. 1222, § 1.

(a) (1) Any enforcement agency described in § 8-6-412 which has knowledge of, discovers, or finds any junk motor vehicle, old vehicle tire, or inoperative or discarded household appliance on either public or private property may take it into custody and possession. (2) The enforcement agency may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities for the purpose of removing, preserving, and storing junk motor vehicles, old vehicle tires, or inoperative or abandoned household appliances.

(1) Any enforcement agency described in § 8-6-412 which has knowledge of, discovers, or finds any junk motor vehicle, old vehicle tire, or inoperative or discarded household appliance on either public or private property may take it into custody and possession.

(2) The enforcement agency may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities for the purpose of removing, preserving, and storing junk motor vehicles, old vehicle tires, or inoperative or abandoned household appliances.

(b) (1) However, before taking any junk motor vehicle into custody and possession from private property, the enforcement agency shall give the private property owner and the owner of the junk motor vehicle, if ascertainable, thirty (30) days' notice by registered or certified mail or seventy-two (72) hours' notice by personal service that such an action will be taken unless the junk motor vehicle is: (A) Restored to a functional use; (B) Disposed of by the owner in a manner not prohibited by this subchapter; or (C) Placed in an enclosed building. (2) The thirty-days' or seventy-two-hours' notice under subdivision (b)(1) of this section may be waived by the owners of the property.

(1) However, before taking any junk motor vehicle into custody and possession from private property, the enforcement agency shall give the private property owner and the owner of the junk motor vehicle, if ascertainable, thirty (30) days' notice by registered or certified mail or seventy-two (72) hours' notice by personal service that such an action will be taken unless the junk motor vehicle is: (A) Restored to a functional use; (B) Disposed of by the owner in a manner not prohibited by this subchapter; or (C) Placed in an enclosed building.

(A) Restored to a functional use;

(B) Disposed of by the owner in a manner not prohibited by this subchapter; or

(C) Placed in an enclosed building.

(2) The thirty-days' or seventy-two-hours' notice under subdivision (b)(1) of this section may be waived by the owners of the property.

Acts 1977, No. 883, § 12; A.S.A. 1947, § 82-3912; Acts 2005, No. 1222, § 1.
Ark. Code Ann. § 8-7-303 — AR Code / Title 8 / Chapter 7 / Subchapter 3 / Section 8-7-303
Policy and purpose
Status: in_force

The General Assembly declares that it is the policy of this state and the purpose of this subchapter to: (1) Establish a statewide program designed to protect society and the environment from the risks and burdens associated with the continued practice of disposing of those forms of hazardous waste which could otherwise be treated; (2) Encourage the development and utilization of techniques which result in the recovery, reclamation, and conservation of resources of the state, including the reclamation and conservation or safeguarding of abandoned hazardous waste disposal sites; (3) Encourage interstate cooperation and interstate agreements which would provide a requisite balance of disposal and treatment facilities among the states and which would reduce the amount of hazardous waste disposed of in the state, irrespective of the origin of the hazardous waste; and (4) Coordinate the administration of this subchapter with the administration of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., so as to further the purposes of both this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. Acts 1979, No. 1098, § 3; 1985, No. 922, § 1; A.S.A. 1947, § 82-4219.

The General Assembly declares that it is the policy of this state and the purpose of this subchapter to:

(1) Establish a statewide program designed to protect society and the environment from the risks and burdens associated with the continued practice of disposing of those forms of hazardous waste which could otherwise be treated;

(2) Encourage the development and utilization of techniques which result in the recovery, reclamation, and conservation of resources of the state, including the reclamation and conservation or safeguarding of abandoned hazardous waste disposal sites;

(3) Encourage interstate cooperation and interstate agreements which would provide a requisite balance of disposal and treatment facilities among the states and which would reduce the amount of hazardous waste disposed of in the state, irrespective of the origin of the hazardous waste; and

(4) Coordinate the administration of this subchapter with the administration of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., so as to further the purposes of both this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

Acts 1979, No. 1098, § 3; 1985, No. 922, § 1; A.S.A. 1947, § 82-4219.
Ark. Code Ann. § 8-6-1105 — AR Code / Title 8 / Chapter 6 / Subchapter 11 / Section 8-6-1105
Expansion outside district - Exemption
Status: in_force

(a) This section shall apply until the later of: (1) July 1, 1992; or (2) Until the capacity of landfills in both the regional solid waste management district and the state reach a ten-year capacity. (b) Landfill capacity shall be determined by the Director of the Division of Environmental Quality. (c) (1) No existing landfill shall expand its service area outside the district in which it is located, except that existing landfills that on March 1, 1989, do not serve areas outside their respective districts shall not accept more than fifty (50) tons per day of solid waste originating from outside their districts. (2) Existing landfills that on March 1, 1989, serve areas outside of their respective districts shall not increase the total amount of solid waste originating from outside their districts by more than twenty percent (20%) annually of the total volume of solid waste received at the facility from outside their districts. The amount of solid waste shall be determined by weight. (3) No new landfill shall be allowed to receive solid waste outside the boundaries of the district in which it is located unless it is a landfill where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or of wastes of a similar kind or character and such industry has commenced, prior to March 1, 1991, the process for obtaining a permit by issuing notice to the local government having jurisdiction, as required under the rules of the former Arkansas Department of Environmental Quality or the Division of Environmental Quality. (4) (A) No new applications for landfill permits seeking to dispose of solid waste originating outside of a district or that propose to dispose of solid waste originating from outside such district shall be accepted or processed by the Division of Environmental Quality or a regional solid waste management board, unless such applications were pending before the former Arkansas Department of Environmental Quality or the Division of Environmental Quality, on March 1, 1989. (B) Provided, the prohibition contained in this subsection shall not apply to new applications for landfill permits if the landfill is one where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry, or of wastes of a similar kind or character, and such industry has commenced, prior to March 1, 1991, the process for obtaining a permit by issuing notice to the local government having jurisdiction, as required under the rules of the former Arkansas Department of Environmental Quality or the Division of Environmental Quality. (d) The director may grant an exemption from this section for solid waste brought into a district for the purpose of recycling or because the district where solid waste is generated does not have a landfill that meets applicable state rules or federal regulations. The exemption shall be subject to such terms and conditions as the director may deem appropriate. (e) A successor district may transport solid waste to any one (1) of the original districts of which the members of the successor district were a part. Amended by Act 2019, No. 315,§ 569, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 568, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 567, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2687, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2686, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2685, eff. 7/1/2019. Acts 1991, No. 319, § 4; 1993, No. 619, § 4; 1999, No. 1164, § 80.

(a) This section shall apply until the later of: (1) July 1, 1992; or (2) Until the capacity of landfills in both the regional solid waste management district and the state reach a ten-year capacity.

(1) July 1, 1992; or

(2) Until the capacity of landfills in both the regional solid waste management district and the state reach a ten-year capacity.

(b) Landfill capacity shall be determined by the Director of the Division of Environmental Quality.

(c) (1) No existing landfill shall expand its service area outside the district in which it is located, except that existing landfills that on March 1, 1989, do not serve areas outside their respective districts shall not accept more than fifty (50) tons per day of solid waste originating from outside their districts. (2) Existing landfills that on March 1, 1989, serve areas outside of their respective districts shall not increase the total amount of solid waste originating from outside their districts by more than twenty percent (20%) annually of the total volume of solid waste received at the facility from outside their districts. The amount of solid waste shall be determined by weight. (3) No new landfill shall be allowed to receive solid waste outside the boundaries of the district in which it is located unless it is a landfill where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or of wastes of a similar kind or character and such industry has commenced, prior to March 1, 1991, the process for obtaining a permit by issuing notice to the local government having jurisdiction, as required under the rules of the former Arkansas Department of Environmental Quality or the Division of Environmental Quality. (4) (A) No new applications for landfill permits seeking to dispose of solid waste originating outside of a district or that propose to dispose of solid waste originating from outside such district shall be accepted or processed by the Division of Environmental Quality or a regional solid waste management board, unless such applications were pending before the former Arkansas Department of Environmental Quality or the Division of Environmental Quality, on March 1, 1989. (B) Provided, the prohibition contained in this subsection shall not apply to new applications for landfill permits if the landfill is one where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry, or of wastes of a similar kind or character, and such industry has commenced, prior to March 1, 1991, the process for obtaining a permit by issuing notice to the local government having jurisdiction, as required under the rules of the former Arkansas Department of Environmental Quality or the Division of Environmental Quality.

(1) No existing landfill shall expand its service area outside the district in which it is located, except that existing landfills that on March 1, 1989, do not serve areas outside their respective districts shall not accept more than fifty (50) tons per day of solid waste originating from outside their districts.

(2) Existing landfills that on March 1, 1989, serve areas outside of their respective districts shall not increase the total amount of solid waste originating from outside their districts by more than twenty percent (20%) annually of the total volume of solid waste received at the facility from outside their districts. The amount of solid waste shall be determined by weight.

(3) No new landfill shall be allowed to receive solid waste outside the boundaries of the district in which it is located unless it is a landfill where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or of wastes of a similar kind or character and such industry has commenced, prior to March 1, 1991, the process for obtaining a permit by issuing notice to the local government having jurisdiction, as required under the rules of the former Arkansas Department of Environmental Quality or the Division of Environmental Quality.

(4) (A) No new applications for landfill permits seeking to dispose of solid waste originating outside of a district or that propose to dispose of solid waste originating from outside such district shall be accepted or processed by the Division of Environmental Quality or a regional solid waste management board, unless such applications were pending before the former Arkansas Department of Environmental Quality or the Division of Environmental Quality, on March 1, 1989. (B) Provided, the prohibition contained in this subsection shall not apply to new applications for landfill permits if the landfill is one where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry, or of wastes of a similar kind or character, and such industry has commenced, prior to March 1, 1991, the process for obtaining a permit by issuing notice to the local government having jurisdiction, as required under the rules of the former Arkansas Department of Environmental Quality or the Division of Environmental Quality.

(A) No new applications for landfill permits seeking to dispose of solid waste originating outside of a district or that propose to dispose of solid waste originating from outside such district shall be accepted or processed by the Division of Environmental Quality or a regional solid waste management board, unless such applications were pending before the former Arkansas Department of Environmental Quality or the Division of Environmental Quality, on March 1, 1989.

(B) Provided, the prohibition contained in this subsection shall not apply to new applications for landfill permits if the landfill is one where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry, or of wastes of a similar kind or character, and such industry has commenced, prior to March 1, 1991, the process for obtaining a permit by issuing notice to the local government having jurisdiction, as required under the rules of the former Arkansas Department of Environmental Quality or the Division of Environmental Quality.

(d) The director may grant an exemption from this section for solid waste brought into a district for the purpose of recycling or because the district where solid waste is generated does not have a landfill that meets applicable state rules or federal regulations. The exemption shall be subject to such terms and conditions as the director may deem appropriate.

(e) A successor district may transport solid waste to any one (1) of the original districts of which the members of the successor district were a part.

Amended by Act 2019, No. 315,§ 569, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 568, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 567, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2687, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2686, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2685, eff. 7/1/2019.

Acts 1991, No. 319, § 4; 1993, No. 619, § 4; 1999, No. 1164, § 80.
Ark. Code Ann. § 8-5-802 — AR Code / Title 8 / Chapter 5 / Subchapter 8 / Section 8-5-802
Purpose
Status: in_force

It is the purpose of this subchapter to authorize the Division of Environmental Quality to establish and administer a revolving loan fund to encourage the investment in pollution control and prevention technologies in Arkansas. The fund will promote sustainable economic development in Arkansas by establishing a publicly capitalized fund to make loans to small businesses for projects to meet regulatory mandates in pollution control, to adopt pollution prevention technologies, or to implement waste reduction practices. Amended by Act 2019, No. 910,§ 2571, eff. 7/1/2019. Acts 1997, No. 691, § 1; 1999, No. 1164, § 52; 2001, No. 213, § 1.

It is the purpose of this subchapter to authorize the Division of Environmental Quality to establish and administer a revolving loan fund to encourage the investment in pollution control and prevention technologies in Arkansas. The fund will promote sustainable economic development in Arkansas by establishing a publicly capitalized fund to make loans to small businesses for projects to meet regulatory mandates in pollution control, to adopt pollution prevention technologies, or to implement waste reduction practices.

Amended by Act 2019, No. 910,§ 2571, eff. 7/1/2019.

Acts 1997, No. 691, § 1; 1999, No. 1164, § 52; 2001, No. 213, § 1.
Ark. Code Ann. § 8-6-811 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-811
Bonds - Tax exemption
Status: in_force

Bonds issued under the provisions of this subchapter and the interest thereon shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes. Provided, however, that nothing in this subchapter shall preclude a regional solid waste management district from requesting the Arkansas Development Finance Authority to issue taxable bonds in furtherance of the purposes of this subchapter, on such terms as the district and the authority deem advisable and in conformity with the authority's statutory authority for issuance of such taxable bonds. Acts 1991, No. 752, § 4.

Bonds issued under the provisions of this subchapter and the interest thereon shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes. Provided, however, that nothing in this subchapter shall preclude a regional solid waste management district from requesting the Arkansas Development Finance Authority to issue taxable bonds in furtherance of the purposes of this subchapter, on such terms as the district and the authority deem advisable and in conformity with the authority's statutory authority for issuance of such taxable bonds.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-6-809 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-809
Pledge of rates, fees, and charges
Status: in_force

(a) If the regional solid waste management board pledges rates, fees, and charges, then for as long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be so fixed by the regional solid waste management district as to provide revenues sufficient: (1) To pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects, and all necessary repairs, replacements, or renewals thereof; (2) To pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects, payable from the revenues; (3) To create and maintain reserves as may be required by any resolution or trust indenture authorizing or securing bonds; and (4) To pay any and all amounts which the district may be obligated to pay from project revenues by law or contract. (b) (1) Any pledge made by a district pursuant to this subchapter shall be valid and binding from the date the pledge is made. (2) (A) The revenues so pledged and then held or thereafter received by the district or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act. (B) The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the district without regard to whether such parties have notice thereof. (c) The resolution, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner. Acts 1991, No. 752, § 4.

(a) If the regional solid waste management board pledges rates, fees, and charges, then for as long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be so fixed by the regional solid waste management district as to provide revenues sufficient: (1) To pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects, and all necessary repairs, replacements, or renewals thereof; (2) To pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects, payable from the revenues; (3) To create and maintain reserves as may be required by any resolution or trust indenture authorizing or securing bonds; and (4) To pay any and all amounts which the district may be obligated to pay from project revenues by law or contract.

(1) To pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects, and all necessary repairs, replacements, or renewals thereof;

(2) To pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects, payable from the revenues;

(3) To create and maintain reserves as may be required by any resolution or trust indenture authorizing or securing bonds; and

(4) To pay any and all amounts which the district may be obligated to pay from project revenues by law or contract.

(b) (1) Any pledge made by a district pursuant to this subchapter shall be valid and binding from the date the pledge is made. (2) (A) The revenues so pledged and then held or thereafter received by the district or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act. (B) The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the district without regard to whether such parties have notice thereof.

(1) Any pledge made by a district pursuant to this subchapter shall be valid and binding from the date the pledge is made.

(2) (A) The revenues so pledged and then held or thereafter received by the district or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act. (B) The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the district without regard to whether such parties have notice thereof.

(A) The revenues so pledged and then held or thereafter received by the district or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act.

(B) The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the district without regard to whether such parties have notice thereof.

(c) The resolution, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-7-904 — AR Code / Title 8 / Chapter 7 / Subchapter 9 / Section 8-7-904
Advisory committee
Status: in_force

(a) (1) There is established the Advisory Committee on Petroleum Storage Tanks to be composed of the following members: (A) A representative from the property and casualty segment of the insurance industry; (B) A representative from a company that is a refiner and also has service stations or other motor fuel retail outlets in the state; (C) A representative from a company that is a jobber or wholesaler of petroleum products in the state; (D) An independent retail service station dealer; (E) The State Fire Marshal or his or her designee; (F) A representative from a company that installs or repairs petroleum storage tanks; and (G) A representative from a company that has one (1) or more employees with knowledge and expertise regarding environmental protection and management matters. (2) The Governor shall appoint the members of the committee subject to confirmation by the Senate as follows: (A) The Governor shall consult the Arkansas Petroleum Council before making the appointment under subdivision (a)(1)(B) of this section; (B) The Governor shall consult the Arkansas Oil Marketers Association before making the appointment under subdivision (a)(1)(C) of this section; (C) The Governor shall consult the Service Station Dealers of Arkansas before making the appointment under subdivision (a)(1)(D) of this section; and (D) The Governor shall consult the Arkansas Environmental Federation, Inc., before making the appointment under subdivision (a)(1)(G) of this section. (3) Each member of the committee shall serve a four-year term and until a successor has been appointed. (4) Any vacancies shall be filled by the Governor to serve the remainder of the term. (b) Committee members shall serve without compensation but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (c) The committee shall select a member to serve as chair each year. (d) The committee shall meet as necessary to carry out its duties under this subchapter and at the call of the chair. (e) The Division of Environmental Quality shall provide adequate staff to support the activities of the committee. (f) The committee shall adopt all rules necessary to conduct its business. (g) The committee shall advise and make recommendations to the Director of the Division of Environmental Quality regarding claims for payment under this subchapter. (h) The committee shall advise the division and the Arkansas Pollution Control and Ecology Commission regarding promulgation of rules concerning storage tanks. (i) No member of the committee shall participate in any decision on any claim in which the firm or organization by which that member is employed or in which that member has a direct or indirect financial interest is involved. Amended by Act 2019, No. 315,§ 668, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 667, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2808, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2807, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2806, eff. 7/1/2019. Amended by Act 2015, No. 1100,§ 8, eff. 7/22/2015. Acts 1989, No. 173, § 6; 1993, No. 951, § 3; 1997, No. 250, § 49; 1997, No. 1018, § 1; 1997, No. 1354, § 9; 1999, No. 1508, §§ 2, 7.

(a) (1) There is established the Advisory Committee on Petroleum Storage Tanks to be composed of the following members: (A) A representative from the property and casualty segment of the insurance industry; (B) A representative from a company that is a refiner and also has service stations or other motor fuel retail outlets in the state; (C) A representative from a company that is a jobber or wholesaler of petroleum products in the state; (D) An independent retail service station dealer; (E) The State Fire Marshal or his or her designee; (F) A representative from a company that installs or repairs petroleum storage tanks; and (G) A representative from a company that has one (1) or more employees with knowledge and expertise regarding environmental protection and management matters. (2) The Governor shall appoint the members of the committee subject to confirmation by the Senate as follows: (A) The Governor shall consult the Arkansas Petroleum Council before making the appointment under subdivision (a)(1)(B) of this section; (B) The Governor shall consult the Arkansas Oil Marketers Association before making the appointment under subdivision (a)(1)(C) of this section; (C) The Governor shall consult the Service Station Dealers of Arkansas before making the appointment under subdivision (a)(1)(D) of this section; and (D) The Governor shall consult the Arkansas Environmental Federation, Inc., before making the appointment under subdivision (a)(1)(G) of this section. (3) Each member of the committee shall serve a four-year term and until a successor has been appointed. (4) Any vacancies shall be filled by the Governor to serve the remainder of the term.

(1) There is established the Advisory Committee on Petroleum Storage Tanks to be composed of the following members: (A) A representative from the property and casualty segment of the insurance industry; (B) A representative from a company that is a refiner and also has service stations or other motor fuel retail outlets in the state; (C) A representative from a company that is a jobber or wholesaler of petroleum products in the state; (D) An independent retail service station dealer; (E) The State Fire Marshal or his or her designee; (F) A representative from a company that installs or repairs petroleum storage tanks; and (G) A representative from a company that has one (1) or more employees with knowledge and expertise regarding environmental protection and management matters.

(A) A representative from the property and casualty segment of the insurance industry;

(B) A representative from a company that is a refiner and also has service stations or other motor fuel retail outlets in the state;

(C) A representative from a company that is a jobber or wholesaler of petroleum products in the state;

(D) An independent retail service station dealer;

(E) The State Fire Marshal or his or her designee;

(F) A representative from a company that installs or repairs petroleum storage tanks; and

(G) A representative from a company that has one (1) or more employees with knowledge and expertise regarding environmental protection and management matters.

(2) The Governor shall appoint the members of the committee subject to confirmation by the Senate as follows: (A) The Governor shall consult the Arkansas Petroleum Council before making the appointment under subdivision (a)(1)(B) of this section; (B) The Governor shall consult the Arkansas Oil Marketers Association before making the appointment under subdivision (a)(1)(C) of this section; (C) The Governor shall consult the Service Station Dealers of Arkansas before making the appointment under subdivision (a)(1)(D) of this section; and (D) The Governor shall consult the Arkansas Environmental Federation, Inc., before making the appointment under subdivision (a)(1)(G) of this section.

(A) The Governor shall consult the Arkansas Petroleum Council before making the appointment under subdivision (a)(1)(B) of this section;

(B) The Governor shall consult the Arkansas Oil Marketers Association before making the appointment under subdivision (a)(1)(C) of this section;

(C) The Governor shall consult the Service Station Dealers of Arkansas before making the appointment under subdivision (a)(1)(D) of this section; and

(D) The Governor shall consult the Arkansas Environmental Federation, Inc., before making the appointment under subdivision (a)(1)(G) of this section.

(3) Each member of the committee shall serve a four-year term and until a successor has been appointed.

(4) Any vacancies shall be filled by the Governor to serve the remainder of the term.

(b) Committee members shall serve without compensation but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(c) The committee shall select a member to serve as chair each year.

(d) The committee shall meet as necessary to carry out its duties under this subchapter and at the call of the chair.

(e) The Division of Environmental Quality shall provide adequate staff to support the activities of the committee.

(f) The committee shall adopt all rules necessary to conduct its business.

(g) The committee shall advise and make recommendations to the Director of the Division of Environmental Quality regarding claims for payment under this subchapter.

(h) The committee shall advise the division and the Arkansas Pollution Control and Ecology Commission regarding promulgation of rules concerning storage tanks.

(i) No member of the committee shall participate in any decision on any claim in which the firm or organization by which that member is employed or in which that member has a direct or indirect financial interest is involved.

Amended by Act 2019, No. 315,§ 668, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 667, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2808, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2807, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2806, eff. 7/1/2019.

Amended by Act 2015, No. 1100,§ 8, eff. 7/22/2015.

Acts 1989, No. 173, § 6; 1993, No. 951, § 3; 1997, No. 250, § 49; 1997, No. 1018, § 1; 1997, No. 1354, § 9; 1999, No. 1508, §§ 2, 7.
Ark. Code Ann. § 8-6-603 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-603
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Landfill" means all landfills permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., except those permitted landfills operated by a regulated public utility for ash generated by the combustion of coal to produce electric energy; (3) (A) "Mill scale and slag" means byproducts that are a result of the steel manufacturing process that are managed as items of value in a controlled manner and used in a manner of beneficial reuse. (B) "Mill scale and slag" does not include byproducts that are a result of the steel manufacturing process that would otherwise qualify as hazardous waste or that are determined to be discarded materials; (4) "Permittee" means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, county, city, town, or municipal authority or trust, venture, or other legal entity holding a solid waste disposal permit as provided in the Arkansas Solid Waste Management Act, § 8-6-201 et seq.; (5) "Recycling" means the systematic collection, sorting, decontamination, and return of waste materials to commerce as commodities for use or exchange; (6) (A) "Solid waste" means any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. (B) "Solid waste" does not include: (i) Solid or dissolved materials in domestic sewage; (ii) Solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342 ; (iii) Source material, special nuclear material, or byproduct material as defined by the Atomic Energy Act of 1954, Pub. L. No. 83-703; or (iv) Mill scale and slag; (7) "Solid waste disposal permit" means a permit issued by the State of Arkansas under the provisions of the Arkansas Solid Waste Management Act, § 8-6-201 et seq., for the construction and operation of a landfill waste disposal facility; (8) "Solid waste management" means the management of, but is not limited to, the storage, collection, transfer, transportation, treatment, utilization, processing, and final disposal of solid waste, including, but not limited to, the prevention, reduction, or recycling of wastes; (9) "Solid waste management plan" means a plan which is developed according to the provisions of the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and guidelines of the Division of Environmental Quality, and which is subject to approval by the division; (10) "Solid waste reduction activities" means other activities that divert materials from landfills for reuse, including without limitation: (A) Using waste items as raw materials in a production process, such as adding shingles to asphalt mix for paving; (B) Using waste items to produce an end product without recycling, such as returning wood chips to citizens as mulch; (C) Using waste items as fuel, such as burning wood chips or tire chips in a waste-to-fuel process; or (D) Other activities as approved by the division; and (11) "Transporter" or "solid waste transporter" means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, county, city, town, or municipal authority or trust, venture, or other legal entity transporting solid waste within the state that is to be disposed of outside the state. Amended by Act 2021, No. 74,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 74,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 2627, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2626, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2625, eff. 7/1/2019. Acts 1989, No. 849, § 3; 1989, No. 934, § 3; 1991, No. 755, § 1; 1993, No. 1127, § 3; 1995, No. 511, § 1; 1999, No. 1164, § 69; 2011, No. 819, § 2.

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

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

(2) "Landfill" means all landfills permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., except those permitted landfills operated by a regulated public utility for ash generated by the combustion of coal to produce electric energy;

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

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

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

(4) "Permittee" means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, county, city, town, or municipal authority or trust, venture, or other legal entity holding a solid waste disposal permit as provided in the Arkansas Solid Waste Management Act, § 8-6-201 et seq.;

(5) "Recycling" means the systematic collection, sorting, decontamination, and return of waste materials to commerce as commodities for use or exchange;

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

(A) "Solid waste" means any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities.

(B) "Solid waste" does not include: (i) Solid or dissolved materials in domestic sewage; (ii) Solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342 ; (iii) Source material, special nuclear material, or byproduct material as defined by the Atomic Energy Act of 1954, Pub. L. No. 83-703; or (iv) Mill scale and slag;

(i) Solid or dissolved materials in domestic sewage;

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

(iii) Source material, special nuclear material, or byproduct material as defined by the Atomic Energy Act of 1954, Pub. L. No. 83-703; or

(iv) Mill scale and slag;

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

(8) "Solid waste management" means the management of, but is not limited to, the storage, collection, transfer, transportation, treatment, utilization, processing, and final disposal of solid waste, including, but not limited to, the prevention, reduction, or recycling of wastes;

(9) "Solid waste management plan" means a plan which is developed according to the provisions of the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and guidelines of the Division of Environmental Quality, and which is subject to approval by the division;

(10) "Solid waste reduction activities" means other activities that divert materials from landfills for reuse, including without limitation: (A) Using waste items as raw materials in a production process, such as adding shingles to asphalt mix for paving; (B) Using waste items to produce an end product without recycling, such as returning wood chips to citizens as mulch; (C) Using waste items as fuel, such as burning wood chips or tire chips in a waste-to-fuel process; or (D) Other activities as approved by the division; and

(A) Using waste items as raw materials in a production process, such as adding shingles to asphalt mix for paving;

(B) Using waste items to produce an end product without recycling, such as returning wood chips to citizens as mulch;

(C) Using waste items as fuel, such as burning wood chips or tire chips in a waste-to-fuel process; or

(D) Other activities as approved by the division; and

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

Amended by Act 2021, No. 74,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 74,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 2627, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2626, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2625, eff. 7/1/2019.

Acts 1989, No. 849, § 3; 1989, No. 934, § 3; 1991, No. 755, § 1; 1993, No. 1127, § 3; 1995, No. 511, § 1; 1999, No. 1164, § 69; 2011, No. 819, § 2.
Ark. Code Ann. § 8-7-1016 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1016
No effect on other legal duties
Status: in_force

The provision of information to a public employee pursuant to the provisions of this subchapter shall not be construed to affect the liability of a public employer with regard to the health and safety of a public employee or other persons exposed to hazardous chemicals, nor shall it affect the public employer's responsibility to take any action to prevent the occurrence of occupational disease as required under any other provision of law. The provision of information to a public employee shall not affect any other duty or responsibility of a chemical manufacturer or distributor to warn ultimate users of a hazardous chemical under any other provision of law. Acts 1991, No. 556, § 16; 1991, No. 1172, § 16.

The provision of information to a public employee pursuant to the provisions of this subchapter shall not be construed to affect the liability of a public employer with regard to the health and safety of a public employee or other persons exposed to hazardous chemicals, nor shall it affect the public employer's responsibility to take any action to prevent the occurrence of occupational disease as required under any other provision of law. The provision of information to a public employee shall not affect any other duty or responsibility of a chemical manufacturer or distributor to warn ultimate users of a hazardous chemical under any other provision of law.

Acts 1991, No. 556, § 16; 1991, No. 1172, § 16.
Ark. Code Ann. § 8-7-705 — AR Code / Title 8 / Chapter 7 / Subchapter 7 / Section 8-7-705
Restrictions on use of hazardous substances
Status: in_force

Construction on or at a hazardous site and the use of such hazardous site for any residential, commercial, manufacturing, industrial, or recreational purposes shall be prohibited unless and until the Division of Environmental Quality issues an order terminating, wholly or partially, such prohibitions. Such order shall be subject to the procedural guidelines set forth in §§ 8-4-212 - 8-4-214 and 8-4-222 - 8-4-229 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. Amended by Act 2019, No. 910,§ 2778, eff. 7/1/2019. Acts 1989, No. 350, § 6; 1999, No. 1164, § 103.

Construction on or at a hazardous site and the use of such hazardous site for any residential, commercial, manufacturing, industrial, or recreational purposes shall be prohibited unless and until the Division of Environmental Quality issues an order terminating, wholly or partially, such prohibitions. Such order shall be subject to the procedural guidelines set forth in §§ 8-4-212 - 8-4-214 and 8-4-222 - 8-4-229 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

Amended by Act 2019, No. 910,§ 2778, eff. 7/1/2019.

Acts 1989, No. 350, § 6; 1999, No. 1164, § 103.
Ark. Code Ann. § 8-9-608 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-608
Design for recycling
Status: in_force

(a) One (1) year after the implementation of a mercury minimization plan approved pursuant to § 8-9-605 , and annually thereafter, a manufacturer subject to § 8-9-604 shall report individually or as part of a group to the Director of the Division of Environmental Quality concerning the steps being taken by manufacturers to design vehicles and their components for recycling. The report shall include, but need not be limited to, the following: (1) A list of all vehicle components that contain mercury included in the manufacturer's vehicles in each of the previous three (3) model years, the current model year, and the next upcoming model year; (2) Design changes that each manufacturer has implemented or is implementing to reduce or eliminate from its vehicles all sources of mercury listed in compliance with subdivision (a)(1) of this section, the amount of any reductions, and the year in which mercury will be eliminated from each of the vehicle components listed in compliance with subdivision (a)(1) of this section; (3) Policies that each manufacturer has implemented to ensure that its vehicles are designed to be recycled in a safe, cost effective, and environmentally sound manner using existing technologies and infrastructures; (4) A listing of all: (A) Complaints and reports that the manufacturer has received within the last twelve (12) months from vehicle recyclers, scrap recycling facilities, government entities, or organizations representing any of the persons; or (B) Other facts and circumstances that have made the manufacturer aware that the manufacturer's vehicles contain vehicle components or are designed in such a way that presents environmental risks that make it uneconomical to recycle the vehicles or components; and (5) The design or manufacturing changes that the manufacturer has implemented or is implementing to reduce or remove any environmental risks listed in compliance with subdivision (a)(4) of this section and the year in which design changes will eliminate the environmental risk listed in compliance with subdivision (a)(4) of this section. (b) The Division of Environmental Quality may conduct hearings from time to time as the director deems appropriate to evaluate the steps manufacturers are taking to design for recycling and to recommend additional legislative action as may be appropriate in order to promote vehicle recycling for the purposes of the preservation of scarce resources and the safe and efficient reduction of solid waste. Amended by Act 2019, No. 910,§ 3000, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2999, eff. 7/1/2019. Acts 2005, No. 649, § 1.

(a) One (1) year after the implementation of a mercury minimization plan approved pursuant to § 8-9-605 , and annually thereafter, a manufacturer subject to § 8-9-604 shall report individually or as part of a group to the Director of the Division of Environmental Quality concerning the steps being taken by manufacturers to design vehicles and their components for recycling. The report shall include, but need not be limited to, the following: (1) A list of all vehicle components that contain mercury included in the manufacturer's vehicles in each of the previous three (3) model years, the current model year, and the next upcoming model year; (2) Design changes that each manufacturer has implemented or is implementing to reduce or eliminate from its vehicles all sources of mercury listed in compliance with subdivision (a)(1) of this section, the amount of any reductions, and the year in which mercury will be eliminated from each of the vehicle components listed in compliance with subdivision (a)(1) of this section; (3) Policies that each manufacturer has implemented to ensure that its vehicles are designed to be recycled in a safe, cost effective, and environmentally sound manner using existing technologies and infrastructures; (4) A listing of all: (A) Complaints and reports that the manufacturer has received within the last twelve (12) months from vehicle recyclers, scrap recycling facilities, government entities, or organizations representing any of the persons; or (B) Other facts and circumstances that have made the manufacturer aware that the manufacturer's vehicles contain vehicle components or are designed in such a way that presents environmental risks that make it uneconomical to recycle the vehicles or components; and (5) The design or manufacturing changes that the manufacturer has implemented or is implementing to reduce or remove any environmental risks listed in compliance with subdivision (a)(4) of this section and the year in which design changes will eliminate the environmental risk listed in compliance with subdivision (a)(4) of this section.

(1) A list of all vehicle components that contain mercury included in the manufacturer's vehicles in each of the previous three (3) model years, the current model year, and the next upcoming model year;

(2) Design changes that each manufacturer has implemented or is implementing to reduce or eliminate from its vehicles all sources of mercury listed in compliance with subdivision (a)(1) of this section, the amount of any reductions, and the year in which mercury will be eliminated from each of the vehicle components listed in compliance with subdivision (a)(1) of this section;

(3) Policies that each manufacturer has implemented to ensure that its vehicles are designed to be recycled in a safe, cost effective, and environmentally sound manner using existing technologies and infrastructures;

(4) A listing of all: (A) Complaints and reports that the manufacturer has received within the last twelve (12) months from vehicle recyclers, scrap recycling facilities, government entities, or organizations representing any of the persons; or (B) Other facts and circumstances that have made the manufacturer aware that the manufacturer's vehicles contain vehicle components or are designed in such a way that presents environmental risks that make it uneconomical to recycle the vehicles or components; and

(A) Complaints and reports that the manufacturer has received within the last twelve (12) months from vehicle recyclers, scrap recycling facilities, government entities, or organizations representing any of the persons; or

(B) Other facts and circumstances that have made the manufacturer aware that the manufacturer's vehicles contain vehicle components or are designed in such a way that presents environmental risks that make it uneconomical to recycle the vehicles or components; and

(5) The design or manufacturing changes that the manufacturer has implemented or is implementing to reduce or remove any environmental risks listed in compliance with subdivision (a)(4) of this section and the year in which design changes will eliminate the environmental risk listed in compliance with subdivision (a)(4) of this section.

(b) The Division of Environmental Quality may conduct hearings from time to time as the director deems appropriate to evaluate the steps manufacturers are taking to design for recycling and to recommend additional legislative action as may be appropriate in order to promote vehicle recycling for the purposes of the preservation of scarce resources and the safe and efficient reduction of solid waste.

Amended by Act 2019, No. 910,§ 3000, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2999, eff. 7/1/2019.

Acts 2005, No. 649, § 1.
Ark. Code Ann. § 8-12-104 — AR Code / Title 8 / Chapter 12 / Section 8-12-104
Natural Resources Damages Advisory Board
Status: in_force

(a) There is hereby created and established a Natural Resources Damages Advisory Board. (b) The board shall be composed of seven (7) members: (1) One (1) member shall be a representative from the Arkansas Farm Bureau Federation; (2) One (1) member shall be a representative from the Arkansas Natural Resources Commission; (3) One (1) member shall be a representative from the Arkansas Forestry Commission; (4) One (1) member shall be a representative from the Division of Environmental Quality; (5) One (1) member shall be a representative from the Arkansas State Game and Fish Commission; (6) One (1) member shall be a representative of the Division of Arkansas Heritage; and (7) One (1) member shall be a representative of the Attorney General's office. (c) Members of the board shall serve without compensation. (d) The board shall have the following powers and duties: (1) To develop projects for the restoration, rehabilitation, replacement, and acquisition of natural resources; (2) To request proposals for natural resource-related projects; (3) To review and evaluate proposals for natural resource-related projects; (4) To select projects for the restoration, rehabilitation, replacement, and acquisition of natural resources; and (5) To approve payments from the Natural Resources Damages Trust Fund for projects and other activities relating to the restoration, rehabilitation, replacement, and acquisition of natural resources. Amended by Act 2019, No. 910,§ 3017, eff. 7/1/2019. Acts 1999, No. 895, § 1.

(a) There is hereby created and established a Natural Resources Damages Advisory Board.

(b) The board shall be composed of seven (7) members: (1) One (1) member shall be a representative from the Arkansas Farm Bureau Federation; (2) One (1) member shall be a representative from the Arkansas Natural Resources Commission; (3) One (1) member shall be a representative from the Arkansas Forestry Commission; (4) One (1) member shall be a representative from the Division of Environmental Quality; (5) One (1) member shall be a representative from the Arkansas State Game and Fish Commission; (6) One (1) member shall be a representative of the Division of Arkansas Heritage; and (7) One (1) member shall be a representative of the Attorney General's office.

(1) One (1) member shall be a representative from the Arkansas Farm Bureau Federation;

(2) One (1) member shall be a representative from the Arkansas Natural Resources Commission;

(3) One (1) member shall be a representative from the Arkansas Forestry Commission;

(4) One (1) member shall be a representative from the Division of Environmental Quality;

(5) One (1) member shall be a representative from the Arkansas State Game and Fish Commission;

(6) One (1) member shall be a representative of the Division of Arkansas Heritage; and

(7) One (1) member shall be a representative of the Attorney General's office.

(c) Members of the board shall serve without compensation.

(d) The board shall have the following powers and duties: (1) To develop projects for the restoration, rehabilitation, replacement, and acquisition of natural resources; (2) To request proposals for natural resource-related projects; (3) To review and evaluate proposals for natural resource-related projects; (4) To select projects for the restoration, rehabilitation, replacement, and acquisition of natural resources; and (5) To approve payments from the Natural Resources Damages Trust Fund for projects and other activities relating to the restoration, rehabilitation, replacement, and acquisition of natural resources.

(1) To develop projects for the restoration, rehabilitation, replacement, and acquisition of natural resources;

(2) To request proposals for natural resource-related projects;

(3) To review and evaluate proposals for natural resource-related projects;

(4) To select projects for the restoration, rehabilitation, replacement, and acquisition of natural resources; and

(5) To approve payments from the Natural Resources Damages Trust Fund for projects and other activities relating to the restoration, rehabilitation, replacement, and acquisition of natural resources.

Amended by Act 2019, No. 910,§ 3017, eff. 7/1/2019.

Acts 1999, No. 895, § 1.
Ark. Code Ann. § 8-15-109 — AR Code / Title 8 / Chapter 15 / Section 8-15-109
Terms of directors
Status: in_force

(a) A director who is a public official may serve on the board of directors of a property assessed energy improvement district during his or her term of office as the county judge or mayor of a member of the district. (b) A director who is the designated representative of the mayor or county judge of a member of a district serves at the pleasure of the mayor of the city or the county judge of the county that is a member of the district. Amended by Act 2015, No. 1162,§ 2, eff. 7/22/2015. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) A director who is a public official may serve on the board of directors of a property assessed energy improvement district during his or her term of office as the county judge or mayor of a member of the district.

(b) A director who is the designated representative of the mayor or county judge of a member of a district serves at the pleasure of the mayor of the city or the county judge of the county that is a member of the district.

Amended by Act 2015, No. 1162,§ 2, eff. 7/22/2015.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-10-404 — AR Code / Title 8 / Chapter 10 / Subchapter 4 / Section 8-10-404
Cut-off valve and training
Status: in_force

For each petroleum pipeline that crosses a watercourse that empties into a public surface water supply above ground or below ground, the owner or operator of the petroleum pipeline is encouraged to: (1) Install a cut-off valve capable of: (A) Automatically sensing a loss of petroleum flowing in the petroleum pipeline; and (B) Automatically and manually cutting off the flow of petroleum on each side of each watercourse that discharges into a public surface water supply; and (2) Provide annually to critical staff for the petroleum pipeline operator, the public water provider, and state and local emergency response providers either direct training or funding for training by a third party. Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.

For each petroleum pipeline that crosses a watercourse that empties into a public surface water supply above ground or below ground, the owner or operator of the petroleum pipeline is encouraged to:

(1) Install a cut-off valve capable of: (A) Automatically sensing a loss of petroleum flowing in the petroleum pipeline; and (B) Automatically and manually cutting off the flow of petroleum on each side of each watercourse that discharges into a public surface water supply; and

(A) Automatically sensing a loss of petroleum flowing in the petroleum pipeline; and

(B) Automatically and manually cutting off the flow of petroleum on each side of each watercourse that discharges into a public surface water supply; and

(2) Provide annually to critical staff for the petroleum pipeline operator, the public water provider, and state and local emergency response providers either direct training or funding for training by a third party.

Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-8-101 — AR Code / Title 8 / Chapter 8 / Subchapter 1 / Section 8-8-101
Purpose
Status: in_force

(a) The General Assembly recognizes that: (1) The purity and life-giving qualities of our environment are of primary concern to the people of Arkansas and to all Americans; (2) The ultimate responsibility for the quality of the Arkansas environment rests upon the state government; and (3) Ecological systems and environmental problems cross state boundaries. (b) Therefore, the General Assembly recognizes that the discharge of this responsibility can be enhanced by acting in concert and cooperation with our sister states and with the federal government, insofar as such cooperative governmental efforts are consistent with the laws of the State of Arkansas. For these reasons, the Interstate Environmental Compact is approved. Acts 1971, No. 304, § 1; A.S.A. 1947, § 82-1974.

(a) The General Assembly recognizes that: (1) The purity and life-giving qualities of our environment are of primary concern to the people of Arkansas and to all Americans; (2) The ultimate responsibility for the quality of the Arkansas environment rests upon the state government; and (3) Ecological systems and environmental problems cross state boundaries.

(1) The purity and life-giving qualities of our environment are of primary concern to the people of Arkansas and to all Americans;

(2) The ultimate responsibility for the quality of the Arkansas environment rests upon the state government; and

(3) Ecological systems and environmental problems cross state boundaries.

(b) Therefore, the General Assembly recognizes that the discharge of this responsibility can be enhanced by acting in concert and cooperation with our sister states and with the federal government, insofar as such cooperative governmental efforts are consistent with the laws of the State of Arkansas. For these reasons, the Interstate Environmental Compact is approved.

Acts 1971, No. 304, § 1; A.S.A. 1947, § 82-1974.
Ark. Code Ann. § 8-5-803 — AR Code / Title 8 / Chapter 5 / Subchapter 8 / Section 8-5-803
Definitions
Status: in_force

As used in this subchapter: (1) "Applicant" means any business concern operating within the State of Arkansas that meets the criteria of a person, corporation, partnership, or other business organization; (2) "Commission" means the Arkansas Pollution Control and Ecology Commission; (3) (A) "Pollution prevention" means reducing or eliminating the generation of pollutants and waste at the source. (B) "Pollution prevention" includes: (i) Process modifications and equipment acquisitions that promote the recovery and reuse of pollutants; and (ii) The acquisition and installation of capital equipment, a process change, or a combination of capital equipment and process change. (C) "Pollution prevention" does not include investments in waste treatment processes or equipment, unless the waste treatment involves the recovery and reuse of pollutants; and (4) (A) "Waste reduction" means handling or processing waste materials in a way that ultimately reduces the total quantity of waste disposed. (B) "Waste reduction" includes process modifications and equipment acquisitions that promote the recovery, reuse, or recycling of pollutants and wastes. Amended by Act 2019, No. 315,§ 519, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 12, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2572, eff. 7/1/2019. Acts 1997, No. 691, § 1; 1999, No. 1164, §§ 53, 54; 2001, No. 213, § 2; 2005, No. 1254, § 1.

As used in this subchapter:

(1) "Applicant" means any business concern operating within the State of Arkansas that meets the criteria of a person, corporation, partnership, or other business organization;

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

(3) (A) "Pollution prevention" means reducing or eliminating the generation of pollutants and waste at the source. (B) "Pollution prevention" includes: (i) Process modifications and equipment acquisitions that promote the recovery and reuse of pollutants; and (ii) The acquisition and installation of capital equipment, a process change, or a combination of capital equipment and process change. (C) "Pollution prevention" does not include investments in waste treatment processes or equipment, unless the waste treatment involves the recovery and reuse of pollutants; and

(A) "Pollution prevention" means reducing or eliminating the generation of pollutants and waste at the source.

(B) "Pollution prevention" includes: (i) Process modifications and equipment acquisitions that promote the recovery and reuse of pollutants; and (ii) The acquisition and installation of capital equipment, a process change, or a combination of capital equipment and process change.

(i) Process modifications and equipment acquisitions that promote the recovery and reuse of pollutants; and

(ii) The acquisition and installation of capital equipment, a process change, or a combination of capital equipment and process change.

(C) "Pollution prevention" does not include investments in waste treatment processes or equipment, unless the waste treatment involves the recovery and reuse of pollutants; and

(4) (A) "Waste reduction" means handling or processing waste materials in a way that ultimately reduces the total quantity of waste disposed. (B) "Waste reduction" includes process modifications and equipment acquisitions that promote the recovery, reuse, or recycling of pollutants and wastes.

(A) "Waste reduction" means handling or processing waste materials in a way that ultimately reduces the total quantity of waste disposed.

(B) "Waste reduction" includes process modifications and equipment acquisitions that promote the recovery, reuse, or recycling of pollutants and wastes.

Amended by Act 2019, No. 315,§ 519, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 12, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2572, eff. 7/1/2019.

Acts 1997, No. 691, § 1; 1999, No. 1164, §§ 53, 54; 2001, No. 213, § 2; 2005, No. 1254, § 1.
Ark. Code Ann. § 8-9-606 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-606
Removal and proper management of mercury-added vehicle components
Status: in_force

(a) Commencing thirty (30) days after the approval or conditional approval of a mercury minimization plan pursuant to § 8-9-605 , a vehicle recycler that sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap recycling facility for recycling shall remove all mercury switches identified in the approved mercury minimization plan from the end-of-life vehicle prior to delivery to a scrap recycling facility, unless a mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding the location of the mercury switch, in which case the damage shall be noted on the normal business records of the vehicle recycler who delivered the end-of-life vehicle to the scrap recycling facility. (b) Notwithstanding subsection (a) of this section, a scrap recycling facility may agree to accept an end-of-life vehicle containing mercury switches that has not been intentionally flattened, crushed, or baled, in which case the scrap recycling facility shall be responsible for removing the mercury switches identified in the mercury minimization plan approved pursuant to § 8-9-605 before the end-of-life vehicle is intentionally flattened, crushed, baled, or shredded. (c) (1) A vehicle recycler or scrap recycling facility that removes mercury switches pursuant to subsection (a) or subsection (b) of this section shall maintain records documenting the number of: (A) Mercury switches collected; (B) End-of-life vehicles containing mercury switches; (C) End-of-life vehicles processed for recycling; (D) The makes and models of end-of-life vehicles from which mercury switches were removed; and (E) Mercury switches collected from each make. (2) These records shall be made available for review by the Division of Environmental Quality upon the request of the division. (d) No person shall represent that mercury switches have been removed from an end-of-life vehicle being sold, given, or otherwise conveyed for recycling if that person has not removed the mercury switches or arranged with another person to remove the mercury switches. (e) Upon removal, mercury switches shall be collected, stored, transported, and otherwise handled in accordance with the: (1) Mercury minimization plan approved pursuant to § 8-9-605 ; and (2) Provisions of the rules concerning universal waste adopted by the division pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. (f) No scrap recycling facility or other person that receives an intentionally flattened, crushed, or baled end-of-life vehicle shall be in violation of this subchapter if a mercury switch is found in the end-of-life vehicle after its acquisition. Amended by Act 2019, No. 315,§ 693, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2997, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2996, eff. 7/1/2019. Acts 2005, No. 649, § 1.

(a) Commencing thirty (30) days after the approval or conditional approval of a mercury minimization plan pursuant to § 8-9-605 , a vehicle recycler that sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap recycling facility for recycling shall remove all mercury switches identified in the approved mercury minimization plan from the end-of-life vehicle prior to delivery to a scrap recycling facility, unless a mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding the location of the mercury switch, in which case the damage shall be noted on the normal business records of the vehicle recycler who delivered the end-of-life vehicle to the scrap recycling facility.

(b) Notwithstanding subsection (a) of this section, a scrap recycling facility may agree to accept an end-of-life vehicle containing mercury switches that has not been intentionally flattened, crushed, or baled, in which case the scrap recycling facility shall be responsible for removing the mercury switches identified in the mercury minimization plan approved pursuant to § 8-9-605 before the end-of-life vehicle is intentionally flattened, crushed, baled, or shredded.

(c) (1) A vehicle recycler or scrap recycling facility that removes mercury switches pursuant to subsection (a) or subsection (b) of this section shall maintain records documenting the number of: (A) Mercury switches collected; (B) End-of-life vehicles containing mercury switches; (C) End-of-life vehicles processed for recycling; (D) The makes and models of end-of-life vehicles from which mercury switches were removed; and (E) Mercury switches collected from each make. (2) These records shall be made available for review by the Division of Environmental Quality upon the request of the division.

(1) A vehicle recycler or scrap recycling facility that removes mercury switches pursuant to subsection (a) or subsection (b) of this section shall maintain records documenting the number of: (A) Mercury switches collected; (B) End-of-life vehicles containing mercury switches; (C) End-of-life vehicles processed for recycling; (D) The makes and models of end-of-life vehicles from which mercury switches were removed; and (E) Mercury switches collected from each make.

(A) Mercury switches collected;

(B) End-of-life vehicles containing mercury switches;

(C) End-of-life vehicles processed for recycling;

(D) The makes and models of end-of-life vehicles from which mercury switches were removed; and

(E) Mercury switches collected from each make.

(2) These records shall be made available for review by the Division of Environmental Quality upon the request of the division.

(d) No person shall represent that mercury switches have been removed from an end-of-life vehicle being sold, given, or otherwise conveyed for recycling if that person has not removed the mercury switches or arranged with another person to remove the mercury switches.

(e) Upon removal, mercury switches shall be collected, stored, transported, and otherwise handled in accordance with the: (1) Mercury minimization plan approved pursuant to § 8-9-605 ; and (2) Provisions of the rules concerning universal waste adopted by the division pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

(1) Mercury minimization plan approved pursuant to § 8-9-605 ; and

(2) Provisions of the rules concerning universal waste adopted by the division pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

(f) No scrap recycling facility or other person that receives an intentionally flattened, crushed, or baled end-of-life vehicle shall be in violation of this subchapter if a mercury switch is found in the end-of-life vehicle after its acquisition.

Amended by Act 2019, No. 315,§ 693, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2997, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2996, eff. 7/1/2019.

Acts 2005, No. 649, § 1.
Ark. Code Ann. § 8-1-202 — AR Code / Title 8 / Chapter 1 / Subchapter 2 / Section 8-1-202
Powers of the Director of the Division of Environmental Quality
Status: in_force

(a) The Director of the Division of Environmental Quality shall be the executive officer and active administrator of all pollution control activities in the state. (b) As such, the director's duties shall include: (1) (A) The administration of permitting, licensing, certification, and grants programs deemed necessary to protect the environmental integrity of the state. (B) The director, or his or her delegatee within his or her staff, shall serve as the issuing authority for the state; (2) (A) Initiation and settlement of civil or administrative enforcement actions to compel compliance with laws, orders, rules, and federal regulations charged to the responsibility of the Division of Environmental Quality. (B) In this regard, the director may propose the assessment of civil penalties as provided by law and take all actions necessary to collect such penalties; (3) Issuance of orders in such circumstances that reasonably require emergency measures to be taken to protect the environment or the public health and safety, except to the extent that the matter involved is reserved to the jurisdiction or orders of the Arkansas Pollution Control and Ecology Commission for rulemaking procedures in § 8-4-202 ; (4) Day-to-day administration of all activities that the Division of Environmental Quality is empowered by law to perform, including, but not limited to, the employment and supervision of such technical, legal, and administrative staff, within approved appropriations and with the approval of the Secretary of the Department of Energy and Environment, as is necessary to carry out the responsibilities vested with the Division of Environmental Quality; (5) Providing technical and legal expertise and assistance in the field of environmental protection to other agencies and subdivisions of the state as appropriate; (6) Day-to-day administration of environmental programs delegated to the State of Arkansas by the responsible agencies of the United States Government; (7) The supervision of the Arkansas Energy Office of the Division of Environmental Quality under the Arkansas Energy Reorganization and Policy Act of 1981, § 15-10-201 et seq.; (8) Any other power or duty specifically vested with the director or the Division of Environmental Quality by the General Assembly or the secretary; and (9) The supervision of the Division of Environmental Preservation or the successor division, office, or unit responsible for reviewing and making specific ecologically oriented recommendations on all plans, programs, and projects of all other state departments, divisions, agencies, and commissions and on all federal plans, programs, and projects affecting this state. Amended by Act 2019, No. 315,§ 436, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2431, eff. 7/1/2019. Amended by Act 2017, No. 271,§ 2, eff. 8/1/2017. Acts 1991, No. 1230, § 1; 1993, No. 163, § 6; 1993, No. 165, § 6; 1999, No. 1164, § 8.

(a) The Director of the Division of Environmental Quality shall be the executive officer and active administrator of all pollution control activities in the state.

(b) As such, the director's duties shall include: (1) (A) The administration of permitting, licensing, certification, and grants programs deemed necessary to protect the environmental integrity of the state. (B) The director, or his or her delegatee within his or her staff, shall serve as the issuing authority for the state; (2) (A) Initiation and settlement of civil or administrative enforcement actions to compel compliance with laws, orders, rules, and federal regulations charged to the responsibility of the Division of Environmental Quality. (B) In this regard, the director may propose the assessment of civil penalties as provided by law and take all actions necessary to collect such penalties; (3) Issuance of orders in such circumstances that reasonably require emergency measures to be taken to protect the environment or the public health and safety, except to the extent that the matter involved is reserved to the jurisdiction or orders of the Arkansas Pollution Control and Ecology Commission for rulemaking procedures in § 8-4-202 ; (4) Day-to-day administration of all activities that the Division of Environmental Quality is empowered by law to perform, including, but not limited to, the employment and supervision of such technical, legal, and administrative staff, within approved appropriations and with the approval of the Secretary of the Department of Energy and Environment, as is necessary to carry out the responsibilities vested with the Division of Environmental Quality; (5) Providing technical and legal expertise and assistance in the field of environmental protection to other agencies and subdivisions of the state as appropriate; (6) Day-to-day administration of environmental programs delegated to the State of Arkansas by the responsible agencies of the United States Government; (7) The supervision of the Arkansas Energy Office of the Division of Environmental Quality under the Arkansas Energy Reorganization and Policy Act of 1981, § 15-10-201 et seq.; (8) Any other power or duty specifically vested with the director or the Division of Environmental Quality by the General Assembly or the secretary; and (9) The supervision of the Division of Environmental Preservation or the successor division, office, or unit responsible for reviewing and making specific ecologically oriented recommendations on all plans, programs, and projects of all other state departments, divisions, agencies, and commissions and on all federal plans, programs, and projects affecting this state.

(1) (A) The administration of permitting, licensing, certification, and grants programs deemed necessary to protect the environmental integrity of the state. (B) The director, or his or her delegatee within his or her staff, shall serve as the issuing authority for the state;

(A) The administration of permitting, licensing, certification, and grants programs deemed necessary to protect the environmental integrity of the state.

(B) The director, or his or her delegatee within his or her staff, shall serve as the issuing authority for the state;

(2) (A) Initiation and settlement of civil or administrative enforcement actions to compel compliance with laws, orders, rules, and federal regulations charged to the responsibility of the Division of Environmental Quality. (B) In this regard, the director may propose the assessment of civil penalties as provided by law and take all actions necessary to collect such penalties;

(A) Initiation and settlement of civil or administrative enforcement actions to compel compliance with laws, orders, rules, and federal regulations charged to the responsibility of the Division of Environmental Quality.

(B) In this regard, the director may propose the assessment of civil penalties as provided by law and take all actions necessary to collect such penalties;

(3) Issuance of orders in such circumstances that reasonably require emergency measures to be taken to protect the environment or the public health and safety, except to the extent that the matter involved is reserved to the jurisdiction or orders of the Arkansas Pollution Control and Ecology Commission for rulemaking procedures in § 8-4-202 ;

(4) Day-to-day administration of all activities that the Division of Environmental Quality is empowered by law to perform, including, but not limited to, the employment and supervision of such technical, legal, and administrative staff, within approved appropriations and with the approval of the Secretary of the Department of Energy and Environment, as is necessary to carry out the responsibilities vested with the Division of Environmental Quality;

(5) Providing technical and legal expertise and assistance in the field of environmental protection to other agencies and subdivisions of the state as appropriate;

(6) Day-to-day administration of environmental programs delegated to the State of Arkansas by the responsible agencies of the United States Government;

(7) The supervision of the Arkansas Energy Office of the Division of Environmental Quality under the Arkansas Energy Reorganization and Policy Act of 1981, § 15-10-201 et seq.;

(8) Any other power or duty specifically vested with the director or the Division of Environmental Quality by the General Assembly or the secretary; and

(9) The supervision of the Division of Environmental Preservation or the successor division, office, or unit responsible for reviewing and making specific ecologically oriented recommendations on all plans, programs, and projects of all other state departments, divisions, agencies, and commissions and on all federal plans, programs, and projects affecting this state.

Amended by Act 2019, No. 315,§ 436, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2431, eff. 7/1/2019.

Amended by Act 2017, No. 271,§ 2, eff. 8/1/2017.

Acts 1991, No. 1230, § 1; 1993, No. 163, § 6; 1993, No. 165, § 6; 1999, No. 1164, § 8.
Ark. Code Ann. § 8-7-1402 — AR Code / Title 8 / Chapter 7 / Subchapter 14 / Section 8-7-1402
Professional cleanup of properties contaminated through the manufacture of controlled substances
Status: in_force

(a) The Division of Environmental Quality shall: (1) Establish and administer a certification program to: (A) Certify contractors who choose to undertake the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances; and (B) Require as a condition of certification that the contractors demonstrate that they have the qualifications required to undertake inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances; (2) Establish standards for the remediation of properties contaminated through the manufacture of controlled substances; (3) Make the certification program rules and the remediation standards available to law enforcement officials and the public: (A) On the division's website; and (B) In hard copy upon request to the division; and (4) Annually review and update the remediation standards. (b) (1) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement the certification program for contractors in the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances. (2) The rules promulgated by the commission under this section shall include without limitation: (A) Application forms for certification; (B) Continuing education requirements; (C) Professional and technical standards for certification; (D) Renewals of certification; (E) Procedures for revocation and other actions that affect the status of certification; and (F) Reasonable fees. Amended by Act 2019, No. 693,§ 31, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2842, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2841, eff. 7/1/2019. Acts 2007, No. 864, § 1.

(a) The Division of Environmental Quality shall: (1) Establish and administer a certification program to: (A) Certify contractors who choose to undertake the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances; and (B) Require as a condition of certification that the contractors demonstrate that they have the qualifications required to undertake inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances; (2) Establish standards for the remediation of properties contaminated through the manufacture of controlled substances; (3) Make the certification program rules and the remediation standards available to law enforcement officials and the public: (A) On the division's website; and (B) In hard copy upon request to the division; and (4) Annually review and update the remediation standards.

(1) Establish and administer a certification program to: (A) Certify contractors who choose to undertake the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances; and (B) Require as a condition of certification that the contractors demonstrate that they have the qualifications required to undertake inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances;

(A) Certify contractors who choose to undertake the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances; and

(B) Require as a condition of certification that the contractors demonstrate that they have the qualifications required to undertake inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances;

(2) Establish standards for the remediation of properties contaminated through the manufacture of controlled substances;

(3) Make the certification program rules and the remediation standards available to law enforcement officials and the public: (A) On the division's website; and (B) In hard copy upon request to the division; and

(A) On the division's website; and

(B) In hard copy upon request to the division; and

(4) Annually review and update the remediation standards.

(b) (1) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement the certification program for contractors in the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances. (2) The rules promulgated by the commission under this section shall include without limitation: (A) Application forms for certification; (B) Continuing education requirements; (C) Professional and technical standards for certification; (D) Renewals of certification; (E) Procedures for revocation and other actions that affect the status of certification; and (F) Reasonable fees.

(1) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement the certification program for contractors in the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances.

(2) The rules promulgated by the commission under this section shall include without limitation: (A) Application forms for certification; (B) Continuing education requirements; (C) Professional and technical standards for certification; (D) Renewals of certification; (E) Procedures for revocation and other actions that affect the status of certification; and (F) Reasonable fees.

(A) Application forms for certification;

(B) Continuing education requirements;

(C) Professional and technical standards for certification;

(D) Renewals of certification;

(E) Procedures for revocation and other actions that affect the status of certification; and

(F) Reasonable fees.

Amended by Act 2019, No. 693,§ 31, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2842, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2841, eff. 7/1/2019.

Acts 2007, No. 864, § 1.
Ark. Code Ann. § 8-4-226 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-226
Appeal - Response by commission and record
Status: in_force

(a) (1) Within thirty (30) days after service of the notice of appeal on the Secretary of the Arkansas Pollution Control and Ecology Commission, the Arkansas Pollution Control and Ecology Commission shall file with the clerk of the circuit court having jurisdiction of the appeal a response to the notice of appeal and the record upon which the final order, rule, or other final determination complained of was entered. (2) The thirty-day period for filing a response to the notice of appeal and the record by the commission may be extended by the court for cause shown for not more than an additional sixty (60) days. (3) (A) The record shall consist of: (i) A copy of any application or petition, all pleadings, or other material paper whereon the action of the commission appealed from was based; (ii) A statement of any findings of fact, rulings, or conclusions of law made by the commission; (iii) A copy of the final order, rule, or other final decision appealed from; and (iv) All testimony, exhibits, and other evidence submitted to the commission in the case. (B) The parties to the appeal may stipulate that only a specified portion of the record shall be filed with the circuit court. (4) A response to the notice of appeal filed by the commission shall consist of any statements, admissions, or denials upon the questions of law or fact raised in the notice of appeal as the commission may deem pertinent. (b) Within the time allowed for making and filing the response, a copy of the response shall be mailed to or served upon the appellant or the appellant's attorney. (c) (1) The allegations or new matter in the response shall be deemed to be denied by the appellant unless expressly admitted, and no further pleadings shall be interposed. (2) Otherwise, the allegations of the notice of appeal and response shall have like effect as the pleadings in a civil action and shall be subject to like proceedings, so far as applicable. (d) With respect to an appeal that is before the Court of Appeals as the result of a motion to transfer an appeal under § 8-4-223(d) , the requirements applicable to the commission's response and the record shall be determined under the Rules of Appellate Procedure - Civil. Amended by Act 2019, No. 315,§ 480, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 479, eff. 7/24/2019. Amended by Act 2013, No. 1021,§ 6, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 5; 1965, No. 183, § 4; A.S.A. 1947, § 82-1906; Acts 1997, No. 896, § 2; 1997, No. 1219, § 5.

(a) (1) Within thirty (30) days after service of the notice of appeal on the Secretary of the Arkansas Pollution Control and Ecology Commission, the Arkansas Pollution Control and Ecology Commission shall file with the clerk of the circuit court having jurisdiction of the appeal a response to the notice of appeal and the record upon which the final order, rule, or other final determination complained of was entered. (2) The thirty-day period for filing a response to the notice of appeal and the record by the commission may be extended by the court for cause shown for not more than an additional sixty (60) days. (3) (A) The record shall consist of: (i) A copy of any application or petition, all pleadings, or other material paper whereon the action of the commission appealed from was based; (ii) A statement of any findings of fact, rulings, or conclusions of law made by the commission; (iii) A copy of the final order, rule, or other final decision appealed from; and (iv) All testimony, exhibits, and other evidence submitted to the commission in the case. (B) The parties to the appeal may stipulate that only a specified portion of the record shall be filed with the circuit court. (4) A response to the notice of appeal filed by the commission shall consist of any statements, admissions, or denials upon the questions of law or fact raised in the notice of appeal as the commission may deem pertinent.

(1) Within thirty (30) days after service of the notice of appeal on the Secretary of the Arkansas Pollution Control and Ecology Commission, the Arkansas Pollution Control and Ecology Commission shall file with the clerk of the circuit court having jurisdiction of the appeal a response to the notice of appeal and the record upon which the final order, rule, or other final determination complained of was entered.

(2) The thirty-day period for filing a response to the notice of appeal and the record by the commission may be extended by the court for cause shown for not more than an additional sixty (60) days.

(3) (A) The record shall consist of: (i) A copy of any application or petition, all pleadings, or other material paper whereon the action of the commission appealed from was based; (ii) A statement of any findings of fact, rulings, or conclusions of law made by the commission; (iii) A copy of the final order, rule, or other final decision appealed from; and (iv) All testimony, exhibits, and other evidence submitted to the commission in the case. (B) The parties to the appeal may stipulate that only a specified portion of the record shall be filed with the circuit court.

(A) The record shall consist of: (i) A copy of any application or petition, all pleadings, or other material paper whereon the action of the commission appealed from was based; (ii) A statement of any findings of fact, rulings, or conclusions of law made by the commission; (iii) A copy of the final order, rule, or other final decision appealed from; and (iv) All testimony, exhibits, and other evidence submitted to the commission in the case.

(i) A copy of any application or petition, all pleadings, or other material paper whereon the action of the commission appealed from was based;

(ii) A statement of any findings of fact, rulings, or conclusions of law made by the commission;

(iii) A copy of the final order, rule, or other final decision appealed from; and

(iv) All testimony, exhibits, and other evidence submitted to the commission in the case.

(B) The parties to the appeal may stipulate that only a specified portion of the record shall be filed with the circuit court.

(4) A response to the notice of appeal filed by the commission shall consist of any statements, admissions, or denials upon the questions of law or fact raised in the notice of appeal as the commission may deem pertinent.

(b) Within the time allowed for making and filing the response, a copy of the response shall be mailed to or served upon the appellant or the appellant's attorney.

(c) (1) The allegations or new matter in the response shall be deemed to be denied by the appellant unless expressly admitted, and no further pleadings shall be interposed. (2) Otherwise, the allegations of the notice of appeal and response shall have like effect as the pleadings in a civil action and shall be subject to like proceedings, so far as applicable.

(1) The allegations or new matter in the response shall be deemed to be denied by the appellant unless expressly admitted, and no further pleadings shall be interposed.

(2) Otherwise, the allegations of the notice of appeal and response shall have like effect as the pleadings in a civil action and shall be subject to like proceedings, so far as applicable.

(d) With respect to an appeal that is before the Court of Appeals as the result of a motion to transfer an appeal under § 8-4-223(d) , the requirements applicable to the commission's response and the record shall be determined under the Rules of Appellate Procedure - Civil.

Amended by Act 2019, No. 315,§ 480, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 479, eff. 7/24/2019.

Amended by Act 2013, No. 1021,§ 6, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 5; 1965, No. 183, § 4; A.S.A. 1947, § 82-1906; Acts 1997, No. 896, § 2; 1997, No. 1219, § 5.
Ark. Code Ann. § 8-9-103 — AR Code / Title 8 / Chapter 9 / Subchapter 1 / Section 8-9-103
Conflict with federal laws
Status: in_force

If any provision of this chapter is found to conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this chapter. Acts 1991, No. 749, § 1.

If any provision of this chapter is found to conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this chapter.

Acts 1991, No. 749, § 1.
Ark. Code Ann. § 8-7-507 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-507
Compliance of federal and state entities
Status: in_force

Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the United States Government and the state government shall be subject to and comply with this subchapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under this section. Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719.

Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the United States Government and the state government shall be subject to and comply with this subchapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under this section.

Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719.
Ark. Code Ann. § 8-9-803 — AR Code / Title 8 / Chapter 9 / Subchapter 8 / Section 8-9-803
Purpose
Status: in_force

The purpose of this subchapter is to authorize the Department of Energy and Environment to: (1) Protect the public health and the environmental quality of the state by identifying the applicable federal standards for: (A) Shipping spent nuclear fuel into the state and returning the shipping containers back to the point of origin after the extraction of the spent nuclear fuel for reuse and reloading; (B) Recycling spent nuclear fuel; (C) Interim storage of spent nuclear fuel before the spent nuclear fuel is to be recycled; (D) Interim storage of recycled nuclear fuel; and (E) Interim storage of waste by-products from the spent nuclear fuel recycling process; (2) Secure federal funding to contract with one (1) or more scientific and engineering organizations to study the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel at locations in Arkansas; and (3) Based on the results of the study under subdivision (2) of this section, determine the appropriate time frames and conditions that must be met before it is technically and economically feasible, commercially viable, and appropriate to declare the state open to interim storage of spent nuclear fuel for the purpose of securing federal funding for the interim storage and recycling of spent nuclear fuel at locations in Arkansas. Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.

The purpose of this subchapter is to authorize the Department of Energy and Environment to:

(1) Protect the public health and the environmental quality of the state by identifying the applicable federal standards for: (A) Shipping spent nuclear fuel into the state and returning the shipping containers back to the point of origin after the extraction of the spent nuclear fuel for reuse and reloading; (B) Recycling spent nuclear fuel; (C) Interim storage of spent nuclear fuel before the spent nuclear fuel is to be recycled; (D) Interim storage of recycled nuclear fuel; and (E) Interim storage of waste by-products from the spent nuclear fuel recycling process;

(A) Shipping spent nuclear fuel into the state and returning the shipping containers back to the point of origin after the extraction of the spent nuclear fuel for reuse and reloading;

(B) Recycling spent nuclear fuel;

(C) Interim storage of spent nuclear fuel before the spent nuclear fuel is to be recycled;

(D) Interim storage of recycled nuclear fuel; and

(E) Interim storage of waste by-products from the spent nuclear fuel recycling process;

(2) Secure federal funding to contract with one (1) or more scientific and engineering organizations to study the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel at locations in Arkansas; and

(3) Based on the results of the study under subdivision (2) of this section, determine the appropriate time frames and conditions that must be met before it is technically and economically feasible, commercially viable, and appropriate to declare the state open to interim storage of spent nuclear fuel for the purpose of securing federal funding for the interim storage and recycling of spent nuclear fuel at locations in Arkansas.

Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 8-7-809 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-809
Corrective actions - Orders of director
Status: in_force

(a) Nothing in this subchapter or the rules promulgated under this subchapter shall prevent any person from undertaking corrective action which would provide reasonable protection of public health and safety and the environment. (b) (1) Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the release may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare or the environment may, without notice or hearing, issue an order reciting the existence of such an imminent hazard and emergency and requiring that such action be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency. (2) The order of the director may include, but is not limited to, directing the owner or operator of the site which constitutes the hazard to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard, and, with respect to a facility or site, the director may order cessation of operation. (3) Any person to whom the order is directed shall comply with it immediately, but, upon written application to the director within ten (10) days of the issuance of the order, that person shall be afforded a hearing before the Arkansas Pollution Control and Ecology Commission within ten (10) days after receipt of the written request. (4) On the basis of the hearing, the commission shall continue the order in effect or shall revoke or modify it. Amended by Act 2019, No. 315,§ 658, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2798, eff. 7/1/2019. Acts 1989, No. 172, § 9; 1993, No. 810, § 6.

(a) Nothing in this subchapter or the rules promulgated under this subchapter shall prevent any person from undertaking corrective action which would provide reasonable protection of public health and safety and the environment.

(b) (1) Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the release may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare or the environment may, without notice or hearing, issue an order reciting the existence of such an imminent hazard and emergency and requiring that such action be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency. (2) The order of the director may include, but is not limited to, directing the owner or operator of the site which constitutes the hazard to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard, and, with respect to a facility or site, the director may order cessation of operation. (3) Any person to whom the order is directed shall comply with it immediately, but, upon written application to the director within ten (10) days of the issuance of the order, that person shall be afforded a hearing before the Arkansas Pollution Control and Ecology Commission within ten (10) days after receipt of the written request. (4) On the basis of the hearing, the commission shall continue the order in effect or shall revoke or modify it.

(1) Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the release may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare or the environment may, without notice or hearing, issue an order reciting the existence of such an imminent hazard and emergency and requiring that such action be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency.

(2) The order of the director may include, but is not limited to, directing the owner or operator of the site which constitutes the hazard to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard, and, with respect to a facility or site, the director may order cessation of operation.

(3) Any person to whom the order is directed shall comply with it immediately, but, upon written application to the director within ten (10) days of the issuance of the order, that person shall be afforded a hearing before the Arkansas Pollution Control and Ecology Commission within ten (10) days after receipt of the written request.

(4) On the basis of the hearing, the commission shall continue the order in effect or shall revoke or modify it.

Amended by Act 2019, No. 315,§ 658, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2798, eff. 7/1/2019.

Acts 1989, No. 172, § 9; 1993, No. 810, § 6.
Ark. Code Ann. § 8-4-205 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-205
Permits - Hearings upon denial, revocation, or modification and other permit actions - Definition
Status: in_force

(a) Any person that is denied a permit by the Director of the Division of Environmental Quality or that has a permit revoked or modified or a request for permit transfer or modification denied shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ecology Commission in connection therewith, upon written application made within thirty (30) days after service of notice of the denial, revocation, or modification. (b) (1) Only those interested persons, other than the applicant, that have submitted comments on the record regarding a proposed permit action during the public comment period shall have standing to request a hearing by the commission in connection therewith, upon written application made within thirty (30) days after the date of the Division of Environmental Quality's final decision regarding the permit action. (2) No interested party requesting a hearing under this subsection may raise any issue in the hearing that was not raised in the public comments unless the party raising the issue shows good cause why such issue could not, with reasonable diligence, have been discovered and presented during the public comment period. The limitation in this subdivision (b)(2) shall not restrict the issues that may be addressed by the applicant in any appeal. (3) A request for a hearing shall identify the permit action in question and its date and must include a complete and detailed statement identifying the legal and factual objections to the permit action. (c) (1) (A) Within thirty (30) days of the date the request for a hearing is filed with the Secretary of the Arkansas Pollution Control and Ecology Commission, a preliminary hearing will be conducted in the name of the commission by the commission's authorized administrative law judge. (B) Within a reasonable time after the preliminary hearing, the administrative law judge shall enter a written decision determining whether the parties qualify as proper parties under subdivision (b)(1) of this section and whether the request conforms with the requirements under subdivisions (b)(2) and (3) of this section. (C) A party aggrieved by the decision entered under this subsection may, within ten (10) business days, request review by the commission. (2) (A) A contested decision and any final recommended decision of the administrative law judge shall be transmitted to the commission. (B) The commission shall consider the recommended decision of the administrative law judge and shall either affirm the decision in whole or in part or reverse the decision in whole or in part. (3) At this preliminary hearing, the administrative law judge shall weigh the equities of any request for expedited review and advance the case on the administrative docket as circumstances permit. (4) The commission shall review the director's decision de novo. (5) The administrative law judge shall schedule the hearing and other proceedings so that the appeal will be submitted to the commission for final commission action within one hundred twenty (120) days after the preliminary hearing unless the parties mutually agree to a longer period of time or the administrative law judge establishes a longer period of time for just cause. (6) During the pendency of the appeal to the commission: (A) The denial of a permit shall stand; (B) The issuance, modification, or revocation of a permit or that part of a permit that is the subject of the appeal shall be stayed; (C) (i) Notwithstanding subdivisions (c)(6)(A) and (B) of this section, upon application by a party, the commission may provide for a stay, modify the terms of a stay, or terminate a stay under appropriate circumstances to avoid substantial prejudice to a party. (ii) As used in subdivision (c)(6)(C)(i) of this section, "substantial prejudice" means that the following will occur to the party seeking a stay, a modification of the terms of a stay, or the termination of a stay if the request is denied: (a) Actual harm to health; or (b) Adverse economic impact, including without limitation interruption, curtailment, or deferral of business or increased cost of construction or operation; (D) Upon application by a party for a stay, to modify the terms of a stay, or to terminate a stay, the Chair of the Arkansas Pollution Control and Ecology Commission shall: (i) Grant a temporary stay, modify the terms of a stay, or terminate a stay effective until the earlier of the next regularly scheduled commission meeting or the next special meeting called for the purpose of considering the application; or (ii) Place the application on the agenda for the next regularly scheduled commission meeting or call a special commission meeting for the purpose of considering the application if more than thirty (30) days will pass between the receipt of the application and the next regularly scheduled commission meeting; and (E) Notwithstanding subdivision (c)(6)(D) of this section, the commission shall render a final decision on an application to provide for a stay, modify the terms of a stay, or terminate a stay within thirty (30) days of receipt of the application. (7) The decision of the commission is final, and only those persons that are parties to the administrative appeal under this section shall have standing to appeal a permitting decision to circuit court as provided for in §§ 8-4-222 - 8-4-229 . Amended by Act 2019, No. 910,§ 2490, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2489, eff. 7/1/2019. Amended by Act 2015, No. 838,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 1021,§ 1, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 5; 1973, No. 262, § 7; A.S.A. 1947, § 82-1906; Acts 1991, No. 744, § 4; 1993, No. 163, § 15; 1993, No. 165, § 15; 1995, No. 384, § 10; 1999, No. 1164, § 22.

(a) Any person that is denied a permit by the Director of the Division of Environmental Quality or that has a permit revoked or modified or a request for permit transfer or modification denied shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ecology Commission in connection therewith, upon written application made within thirty (30) days after service of notice of the denial, revocation, or modification.

(b) (1) Only those interested persons, other than the applicant, that have submitted comments on the record regarding a proposed permit action during the public comment period shall have standing to request a hearing by the commission in connection therewith, upon written application made within thirty (30) days after the date of the Division of Environmental Quality's final decision regarding the permit action. (2) No interested party requesting a hearing under this subsection may raise any issue in the hearing that was not raised in the public comments unless the party raising the issue shows good cause why such issue could not, with reasonable diligence, have been discovered and presented during the public comment period. The limitation in this subdivision (b)(2) shall not restrict the issues that may be addressed by the applicant in any appeal. (3) A request for a hearing shall identify the permit action in question and its date and must include a complete and detailed statement identifying the legal and factual objections to the permit action.

(1) Only those interested persons, other than the applicant, that have submitted comments on the record regarding a proposed permit action during the public comment period shall have standing to request a hearing by the commission in connection therewith, upon written application made within thirty (30) days after the date of the Division of Environmental Quality's final decision regarding the permit action.

(2) No interested party requesting a hearing under this subsection may raise any issue in the hearing that was not raised in the public comments unless the party raising the issue shows good cause why such issue could not, with reasonable diligence, have been discovered and presented during the public comment period. The limitation in this subdivision (b)(2) shall not restrict the issues that may be addressed by the applicant in any appeal.

(3) A request for a hearing shall identify the permit action in question and its date and must include a complete and detailed statement identifying the legal and factual objections to the permit action.

(c) (1) (A) Within thirty (30) days of the date the request for a hearing is filed with the Secretary of the Arkansas Pollution Control and Ecology Commission, a preliminary hearing will be conducted in the name of the commission by the commission's authorized administrative law judge. (B) Within a reasonable time after the preliminary hearing, the administrative law judge shall enter a written decision determining whether the parties qualify as proper parties under subdivision (b)(1) of this section and whether the request conforms with the requirements under subdivisions (b)(2) and (3) of this section. (C) A party aggrieved by the decision entered under this subsection may, within ten (10) business days, request review by the commission. (2) (A) A contested decision and any final recommended decision of the administrative law judge shall be transmitted to the commission. (B) The commission shall consider the recommended decision of the administrative law judge and shall either affirm the decision in whole or in part or reverse the decision in whole or in part. (3) At this preliminary hearing, the administrative law judge shall weigh the equities of any request for expedited review and advance the case on the administrative docket as circumstances permit. (4) The commission shall review the director's decision de novo. (5) The administrative law judge shall schedule the hearing and other proceedings so that the appeal will be submitted to the commission for final commission action within one hundred twenty (120) days after the preliminary hearing unless the parties mutually agree to a longer period of time or the administrative law judge establishes a longer period of time for just cause. (6) During the pendency of the appeal to the commission: (A) The denial of a permit shall stand; (B) The issuance, modification, or revocation of a permit or that part of a permit that is the subject of the appeal shall be stayed; (C) (i) Notwithstanding subdivisions (c)(6)(A) and (B) of this section, upon application by a party, the commission may provide for a stay, modify the terms of a stay, or terminate a stay under appropriate circumstances to avoid substantial prejudice to a party. (ii) As used in subdivision (c)(6)(C)(i) of this section, "substantial prejudice" means that the following will occur to the party seeking a stay, a modification of the terms of a stay, or the termination of a stay if the request is denied: (a) Actual harm to health; or (b) Adverse economic impact, including without limitation interruption, curtailment, or deferral of business or increased cost of construction or operation; (D) Upon application by a party for a stay, to modify the terms of a stay, or to terminate a stay, the Chair of the Arkansas Pollution Control and Ecology Commission shall: (i) Grant a temporary stay, modify the terms of a stay, or terminate a stay effective until the earlier of the next regularly scheduled commission meeting or the next special meeting called for the purpose of considering the application; or (ii) Place the application on the agenda for the next regularly scheduled commission meeting or call a special commission meeting for the purpose of considering the application if more than thirty (30) days will pass between the receipt of the application and the next regularly scheduled commission meeting; and (E) Notwithstanding subdivision (c)(6)(D) of this section, the commission shall render a final decision on an application to provide for a stay, modify the terms of a stay, or terminate a stay within thirty (30) days of receipt of the application. (7) The decision of the commission is final, and only those persons that are parties to the administrative appeal under this section shall have standing to appeal a permitting decision to circuit court as provided for in §§ 8-4-222 - 8-4-229 .

(1) (A) Within thirty (30) days of the date the request for a hearing is filed with the Secretary of the Arkansas Pollution Control and Ecology Commission, a preliminary hearing will be conducted in the name of the commission by the commission's authorized administrative law judge. (B) Within a reasonable time after the preliminary hearing, the administrative law judge shall enter a written decision determining whether the parties qualify as proper parties under subdivision (b)(1) of this section and whether the request conforms with the requirements under subdivisions (b)(2) and (3) of this section. (C) A party aggrieved by the decision entered under this subsection may, within ten (10) business days, request review by the commission.

(A) Within thirty (30) days of the date the request for a hearing is filed with the Secretary of the Arkansas Pollution Control and Ecology Commission, a preliminary hearing will be conducted in the name of the commission by the commission's authorized administrative law judge.

(B) Within a reasonable time after the preliminary hearing, the administrative law judge shall enter a written decision determining whether the parties qualify as proper parties under subdivision (b)(1) of this section and whether the request conforms with the requirements under subdivisions (b)(2) and (3) of this section.

(C) A party aggrieved by the decision entered under this subsection may, within ten (10) business days, request review by the commission.

(2) (A) A contested decision and any final recommended decision of the administrative law judge shall be transmitted to the commission. (B) The commission shall consider the recommended decision of the administrative law judge and shall either affirm the decision in whole or in part or reverse the decision in whole or in part.

(A) A contested decision and any final recommended decision of the administrative law judge shall be transmitted to the commission.

(B) The commission shall consider the recommended decision of the administrative law judge and shall either affirm the decision in whole or in part or reverse the decision in whole or in part.

(3) At this preliminary hearing, the administrative law judge shall weigh the equities of any request for expedited review and advance the case on the administrative docket as circumstances permit.

(4) The commission shall review the director's decision de novo.

(5) The administrative law judge shall schedule the hearing and other proceedings so that the appeal will be submitted to the commission for final commission action within one hundred twenty (120) days after the preliminary hearing unless the parties mutually agree to a longer period of time or the administrative law judge establishes a longer period of time for just cause.

(6) During the pendency of the appeal to the commission: (A) The denial of a permit shall stand; (B) The issuance, modification, or revocation of a permit or that part of a permit that is the subject of the appeal shall be stayed; (C) (i) Notwithstanding subdivisions (c)(6)(A) and (B) of this section, upon application by a party, the commission may provide for a stay, modify the terms of a stay, or terminate a stay under appropriate circumstances to avoid substantial prejudice to a party. (ii) As used in subdivision (c)(6)(C)(i) of this section, "substantial prejudice" means that the following will occur to the party seeking a stay, a modification of the terms of a stay, or the termination of a stay if the request is denied: (a) Actual harm to health; or (b) Adverse economic impact, including without limitation interruption, curtailment, or deferral of business or increased cost of construction or operation; (D) Upon application by a party for a stay, to modify the terms of a stay, or to terminate a stay, the Chair of the Arkansas Pollution Control and Ecology Commission shall: (i) Grant a temporary stay, modify the terms of a stay, or terminate a stay effective until the earlier of the next regularly scheduled commission meeting or the next special meeting called for the purpose of considering the application; or (ii) Place the application on the agenda for the next regularly scheduled commission meeting or call a special commission meeting for the purpose of considering the application if more than thirty (30) days will pass between the receipt of the application and the next regularly scheduled commission meeting; and (E) Notwithstanding subdivision (c)(6)(D) of this section, the commission shall render a final decision on an application to provide for a stay, modify the terms of a stay, or terminate a stay within thirty (30) days of receipt of the application.

(A) The denial of a permit shall stand;

(B) The issuance, modification, or revocation of a permit or that part of a permit that is the subject of the appeal shall be stayed;

(C) (i) Notwithstanding subdivisions (c)(6)(A) and (B) of this section, upon application by a party, the commission may provide for a stay, modify the terms of a stay, or terminate a stay under appropriate circumstances to avoid substantial prejudice to a party. (ii) As used in subdivision (c)(6)(C)(i) of this section, "substantial prejudice" means that the following will occur to the party seeking a stay, a modification of the terms of a stay, or the termination of a stay if the request is denied: (a) Actual harm to health; or (b) Adverse economic impact, including without limitation interruption, curtailment, or deferral of business or increased cost of construction or operation;

(i) Notwithstanding subdivisions (c)(6)(A) and (B) of this section, upon application by a party, the commission may provide for a stay, modify the terms of a stay, or terminate a stay under appropriate circumstances to avoid substantial prejudice to a party.

(ii) As used in subdivision (c)(6)(C)(i) of this section, "substantial prejudice" means that the following will occur to the party seeking a stay, a modification of the terms of a stay, or the termination of a stay if the request is denied: (a) Actual harm to health; or (b) Adverse economic impact, including without limitation interruption, curtailment, or deferral of business or increased cost of construction or operation;

(a) Actual harm to health; or

(b) Adverse economic impact, including without limitation interruption, curtailment, or deferral of business or increased cost of construction or operation;

(D) Upon application by a party for a stay, to modify the terms of a stay, or to terminate a stay, the Chair of the Arkansas Pollution Control and Ecology Commission shall: (i) Grant a temporary stay, modify the terms of a stay, or terminate a stay effective until the earlier of the next regularly scheduled commission meeting or the next special meeting called for the purpose of considering the application; or (ii) Place the application on the agenda for the next regularly scheduled commission meeting or call a special commission meeting for the purpose of considering the application if more than thirty (30) days will pass between the receipt of the application and the next regularly scheduled commission meeting; and

(i) Grant a temporary stay, modify the terms of a stay, or terminate a stay effective until the earlier of the next regularly scheduled commission meeting or the next special meeting called for the purpose of considering the application; or

(ii) Place the application on the agenda for the next regularly scheduled commission meeting or call a special commission meeting for the purpose of considering the application if more than thirty (30) days will pass between the receipt of the application and the next regularly scheduled commission meeting; and

(E) Notwithstanding subdivision (c)(6)(D) of this section, the commission shall render a final decision on an application to provide for a stay, modify the terms of a stay, or terminate a stay within thirty (30) days of receipt of the application.

(7) The decision of the commission is final, and only those persons that are parties to the administrative appeal under this section shall have standing to appeal a permitting decision to circuit court as provided for in §§ 8-4-222 - 8-4-229 .

Amended by Act 2019, No. 910,§ 2490, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2489, eff. 7/1/2019.

Amended by Act 2015, No. 838,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 1021,§ 1, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 5; 1973, No. 262, § 7; A.S.A. 1947, § 82-1906; Acts 1991, No. 744, § 4; 1993, No. 163, § 15; 1993, No. 165, § 15; 1995, No. 384, § 10; 1999, No. 1164, § 22.
Ark. Code Ann. § 8-6-705 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-705
Needs assessments
Status: in_force

(a) All needs assessments required by this subchapter are subject to review and approval for completeness by the Division of Environmental Quality. (b) Failure to provide complete assessments as required by this subchapter may provide the division with grounds to initiate enforcement actions against the regional solid waste management boards or their component governmental entities. Pursuant to established administrative procedures, sanctions may be imposed, including, but not limited to, denial, discontinuation, or reimbursement of any grant funding administered by the division to a regional solid waste management district or any of its component governmental entities. (c) The division may award grants to the districts for the development of the initial regional needs assessments, for the biennial updates, and for any other update required by the law. Amended by Act 2019, No. 910,§ 2648, eff. 7/1/2019. Acts 1989, No. 870, § 7; 1991, No. 752, § 2; 1999, No. 1164, § 72.

(a) All needs assessments required by this subchapter are subject to review and approval for completeness by the Division of Environmental Quality.

(b) Failure to provide complete assessments as required by this subchapter may provide the division with grounds to initiate enforcement actions against the regional solid waste management boards or their component governmental entities. Pursuant to established administrative procedures, sanctions may be imposed, including, but not limited to, denial, discontinuation, or reimbursement of any grant funding administered by the division to a regional solid waste management district or any of its component governmental entities.

(c) The division may award grants to the districts for the development of the initial regional needs assessments, for the biennial updates, and for any other update required by the law.

Amended by Act 2019, No. 910,§ 2648, eff. 7/1/2019.

Acts 1989, No. 870, § 7; 1991, No. 752, § 2; 1999, No. 1164, § 72.