reglab/housing_qa huggingface dataset:
AR Code § 8-4-212 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-212. Adjudicatory hearings and orders

 (a) No final order resolving a contested decision of the Division of Environmental Quality shall be issued until the Arkansas Pollution Control and Ecology Commission has provided aggrieved persons that have standing the opportunity for an adjudicatory hearing upon the matter.  (b) Any person that will be directly affected by the order shall have the right to be heard at the hearing, to submit evidence, and to be represented by counsel.  (c) Written notice specifying the time and place of the hearing shall be served by the commission in the manner provided by § 8-4-214 upon all persons known by it to be directly affected by the order, not less than ten (10) days before the date of the hearing.  (d) A copy of any order issued by the commission after the hearing shall also be served upon the persons.
AR Code § 8-4-213 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-213. Conclusiveness of commission actions

 (a) If no appeal is taken from an order, a rule, or other decision of the Arkansas Pollution Control and Ecology Commission as provided in §§ 8-4-222 — 8-4-229, or if the action of the commission is affirmed on appeal, then the action of the commission in the matter shall be deemed conclusive, and the validity and reasonableness thereof shall not be questioned in any other action or proceeding.  (b) However, this section shall not preclude the authority of the commission to modify or rescind its actions.
AR Code § 8-4-214 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-214. Service of notice, orders, etc

 (a) Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the Arkansas Pollution Control and Ecology Commission may be served upon any person affected thereby, personally or by publication. Proof of the service may be made in like manner as in the case of service of a summons in a civil action, with the proof to be filed in the office of the commission.  (b)  (1) Service may be had by mailing a copy of the notice, order, or other instrument, by certified mail, directed to the person affected at his or her last known post office address as shown by the files or records of the commission. Proof of the mailing may be made by the affidavit of the person that did the mailing, filed in the office of the commission.  (2) Service by publication shall be accomplished by one (1) insertion in a newspaper of general circulation in the area affected.    (c) Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts therein stated, and a certified copy thereof shall have like force and effect.
AR Code § 8-4-215 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-215. Intergovernmental cooperation

 (a) The Division of Environmental Quality or its successor and the Arkansas Pollution Control and Ecology Commission, so far as it is not inconsistent with its duties under the laws of this state, may assist and cooperate with any agency of another state or the United States in any matter relating to water pollution control.  (b)  (1) The commission or the division may receive and accept money, property, or services from any person or from any agency described in subsection (a) of this section or from any other source for any water pollution control purpose within the scope of its functions under this chapter.  (2) All moneys so received shall be used for the operation and activities of the commission or division and for no other purposes.    (c)  (1) The division or its successor may enter into agreements with the responsible authorities of the United States or other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed to control pollution of any interstate waters and may carry out these agreements by appropriate general and special orders.  (2)  (A) This power shall not be deemed to extend to the modification of any agreement with any other state concluded by direct legislative act.  (B) However, unless otherwise provided, the division shall be the agency for the administration and enforcement of any such legislative agreement.
AR Code § 8-4-216 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-216. Information and inspections

 (a) The owner or operator of or any contributor of sewage, industrial wastes, or other wastes to any disposal system or an industrial user of a publicly owned treatment system, when requested by the Director of the Division of Environmental Quality, shall furnish to the Division of Environmental Quality any information that is relevant to the subject of this chapter. The owner or operator shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, including, when appropriate, biological monitoring methods, sample such effluents, and provide such other information as the director may reasonably require.  (b) The division or any authorized employee or agent of the division may examine and copy any book, papers, records, or memoranda pertaining to the operation of a disposal system.  (c) Whenever it shall be necessary for the purpose of this chapter, the division or any authorized member, employee, or agent of the division may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations.
AR Code § 8-4-218 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-218. Violations of chapter, orders, rules, etc. — Hearings — Notice

 (a) Whenever the Division of Environmental Quality or its successor determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or any order or rule of the Arkansas Pollution Control and Ecology Commission, it may give written notice to the alleged violator specifying the causes of complaint.  (b) The notice shall require that the matters that are the causes of complaint be corrected or that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges that are the causes of complaint.  (c) The notice shall be served upon the alleged violator in accordance with the provisions of § 8-4-214 not less than ten (10) days before the time set for the hearing.
AR Code § 8-4-219 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-219. Violations of chapter, orders, rules, etc. — Hearings — Conduct

 (a) The Arkansas Pollution Control and Ecology Commission shall afford an opportunity for a fair hearing to the alleged violator at the time and place specified in the notice or any modification of the notice.  (b) A hearing may be conducted by the commission or its administrative law judge, who shall have the power and authority to conduct hearings in the name of the commission at any time and place.  (c) A record or summary of the proceedings of the hearings shall be taken and filed at the office of the commission.
AR Code § 8-4-220 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-220. Violation of chapter, orders, rules, etc. — Order of division without hearing

 (a) When the Division of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health or welfare it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as it deems necessary to meet the emergency.  (b) Notwithstanding the provisions of §§ 8-4-218 and 8-4-219, the order shall be effective immediately.  (c) Any person to which the order is directed shall comply immediately but, on application to the Arkansas Pollution Control and Ecology Commission, shall be afforded a hearing within ten (10) days after receipt of a written request therefor.  (d) On the basis of the hearing, the commission shall continue the order in effect, revoke it, or modify it.
AR Code § 8-4-221 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-221. Violations of chapter, orders, rules, etc. — Hearing — Orders

 On the basis of the evidence produced at the hearing, the Arkansas Pollution Control and Ecology Commission shall enter such order as in its opinion will best further the purposes of this chapter. A copy of the order shall be served upon the alleged violator and on such other persons as shall have appeared at the hearing and made written request for notice of the order, in the manner provided by § 8-4-214. The order of the commission shall become final and binding on all parties unless appealed, as provided in §§ 8-4-222 — 8-4-229, within thirty (30) days after service of the order.
AR Code § 8-4-222 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-222. Appeals — Entitlement

 An appeal may be taken from a final order, rule, regulation, or other final determination of the Arkansas Pollution Control and Ecology Commission under §§ 8-4-223 — 8-4-229 by those parties that have standing and have exhausted their administrative appeals.
AR Code § 8-4-223 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-223. Appeals — Notice

 (a)  (1) Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry, municipality, or thing involved is situated.  (2) A copy of the notice of appeal shall be served upon the Secretary of the Arkansas Pollution Control and Ecology Commission by personal delivery or by mail with a return receipt requested within ten (10) days of filing with the circuit court.    (b)  (1) The notice of appeal:  (A) Shall state the action of the commission appealed from;  (B) Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and  (C) May contain any other allegations or denials of fact pertinent to the appeal.    (2) The notice of appeal shall state an address within the state at which service of a response to the notice of appeal and other papers in the matter may be made upon the appellant.    (c) Upon filing the notice of appeal with the clerk of the circuit court, the circuit court shall have jurisdiction of the appeal.  (d)  (1) Within ten (10) business days of service of the notice of appeal required under subdivision (a)(2) of this section, the owner or operator of the business, industry, municipality, or thing involved may file a motion to transfer the appeal from the circuit court to the Court of Appeals.  (2) Upon the filing of a motion under subdivision (d)(1) of this section, the appeal shall be transferred from the circuit court to the Court of Appeals.
AR Code § 8-4-224 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-224. Appeals — Parties

 (a)  (1) The appellant, the Arkansas Pollution Control and Ecology Commission, and the owner or operator of the business, industry, municipality, or thing involved, if applicable, shall in all cases be the original parties to an appeal.  (2) The state, through the Attorney General or any other person affected, may become a party by intervention as in a civil action, upon showing cause therefor.  (3) The Attorney General shall represent the commission, if requested, upon all these appeals, unless he or she appeals or intervenes in behalf of the state.    (b) No bond or deposit for costs shall be required of the state or of the commission upon any such appeal or upon any subsequent appeal to the Supreme Court or other court proceedings pertaining to the matter.
AR Code § 8-4-225 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-225. Appeals — Venue

 Except as provided in § 8-4-223(d), upon written consent of the parties or for cause shown after hearing upon notice to all parties, the venue of an appeal may be changed by order of the circuit court to the circuit court of a county in which the order, rule, or decision appealed from would take effect.
AR Code § 8-4-226 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-226. Appeal — Response by commission and record

 (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.
AR Code § 8-4-227 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-227. Appeal — Review by circuit court

 (a) The appeal shall be heard and determined by the circuit court upon the issues raised by the notice of appeal and response according to the rules relating to the trial of civil actions, so far as applicable.  (b) If, before the date set for the hearing, application is made to the circuit court for leave to present additional evidence and the circuit court finds that the evidence is material and that there were good reasons for failure to present it in the proceeding before the Arkansas Pollution Control and Ecology Commission, then the circuit court may order that the additional evidence be taken before the commission upon such conditions as may be just. The commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing circuit court.  (c)  (1)  (A) The review shall be conducted by the circuit court without a jury and shall be confined to the record.  (B) However, in cases of alleged irregularities in procedure before the commission that are not shown in the record, testimony may be taken before the circuit court.    (2) The circuit court shall, upon request, hear oral argument and receive written briefs.    (d) The circuit court may affirm the decision of the commission or vacate or suspend the decision, in whole or part, and remand the case to the commission for further action in conformity with the decision of the circuit court if the action of the commission is:  (1) In violation of constitutional or statutory provisions;  (2) In excess of the commission's statutory authority;  (3) Made upon unlawful procedure;  (4) Affected by other error of law;  (5) Not supported by substantial evidence of record; or  (6) Arbitrary, capricious, or characterized by abuse of discretion.
AR Code § 8-4-228 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-228. Appeal — Stay of proceedings

 (a) The taking effect of any action of the Arkansas Pollution Control and Ecology Commission shall not be stayed by an appeal except by order of the court for cause shown by the appellant.  (b) The granting of a stay may be conditioned upon the furnishing by the appellant of such reasonable security for costs as the court may direct.  (c) A stay may be vacated on application of the commission or any other party after hearing upon notice to the appellant and to such other parties as the court may direct.
AR Code § 8-4-229 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-229. Appeals, proceedings, etc. — Presumptions

 (a) In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied with.  (b) All findings of fact made by the commission shall be prima facie evidence of the matters therein stated.  (c) The burden of proving the contrary of any provision of this section shall rest upon the appellant or other party questioning the action of the commission.
AR Code § 8-4-231 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-231. Effectiveness of regulations, rules, or orders

 This act shall not be construed as impairing the continued effectiveness of any regulations, rules, or orders promulgated or issued by the Arkansas Pollution Control and Ecology Commission prior to March 31, 1999. Nor shall this act be construed as extinguishing or otherwise affecting the unexpired terms of any current members of the commission.
AR Code § 8-4-232 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-232. Nutrient water quality trading programs — Definition

 (a) As used in this section, “nutrient” means a substance assimilated by an organism that promotes growth and replacement of cellular constituents, including without limitation nitrogen, phosphorus, and carbon.  (b)  (1) The Arkansas Pollution Control and Ecology Commission may adopt rules that specify requirements, standards, and procedures governing the establishment and implementation of nutrient water quality trading programs, including without limitation program scope, eligibility, and threshold treatment requirements.  (2) The nutrient water quality trading programs may include without limitation the following:  (A) The establishment and regulation of nutrient water quality trading exchanges;  (B) The establishment and regulation of nutrient water quality compliance associations;  (C) The authorization and regulation of nutrient water quality trading credits;  (D) The authorization and regulation of nutrient water quality offsets; and  (E)  (i) The establishment of a schedule of user fees to be collected by the Division of Environmental Quality from persons or entities applying for approval of, generating, or utilizing nutrient water quality trades or offsets to comply with permit limits.  (ii) The user fees shall be based on a record calculating the reasonable costs to the division of evaluating, implementing, and enforcing each nutrient water quality trading, credit, or offset program.        (c) Under rules adopted by the commission under subsection (b) of this section, the division may:  (1) Include terms and conditions in any appropriate permit that allow the eligible permit holder to use water quality trading arrangements such as water quality trading credits and water quality offsets as a means for complying with appropriate nutrient effluent limitations or conditions contained in the permit; and  (2) Issue permits to eligible compliance associations as a means for multiple eligible permit holders to collectively satisfy their aggregate permit limits for one (1) or more appropriate nutrient water quality parameters.    (d) A nutrient water quality trading program or arrangement established under this section shall provide that a decision to participate in the nutrient water quality trading program or arrangement is a matter of voluntary choice on the part of each participant in the nutrient water quality trading program or arrangement.
AR Code § 8-4-301 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-301. Legislative intent

 (a) In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Arkansas to maintain such a reasonable degree of purity of the air resources of the state to the end that the least possible injury should be done to human, plant, or animal life or to property and to maintain public enjoyment of the state's natural resources, consistent with the economic and industrial well-being of the state.  (b) The program for the control of air pollution under this chapter shall be undertaken in a progressive manner, and each of its successive objectives shall be sought to be accomplished by a maximum of cooperation and conciliation among all the parties concerned.
AR Code § 8-4-302 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-302. Purpose

 It is the purpose of this subchapter to safeguard the air resources of the state by controlling or abating air pollution that exists when this subchapter takes effect and preventing new air pollution under a program which shall be consistent with the declaration of policy stated in § 8-4-301 and with this subchapter.