reglab/housing_qa huggingface dataset:
AR Code § 8-7-101 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 1 - General Provisions|§ 8-7-101. Civil liability of those assisting at accidents — Definitions

 (a) As used in this section, unless the context otherwise requires:  (1) “Discharge” means spillage, leakage, seepage, fire, explosion, or other release; and  (2) “Hazardous materials” means all materials and substances which are designated or defined as hazardous by law or rule of this state or by law or regulation of the United States Government.    (b) Notwithstanding any law to the contrary, no individual, partnership, corporation, association, or other entity shall be liable in civil damages as a result of acts taken, voluntarily and without compensation, in the course of rendering care, assistance, or advice with respect to an incident creating a danger to person, property, or the environment as a result of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, disposing of, or attempting to prevent, clean up, or dispose of any such discharge.  (c) This section shall not preclude liability for civil damages as the result of gross negligence. Reckless, willful, or wanton misconduct shall constitute gross negligence.
AR Code § 8-7-201 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-201. Title

 This subchapter may be cited as the “Arkansas Hazardous Waste Management Act of 1979”.
AR Code § 8-7-202 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-202. Purpose

 It is the purpose of this subchapter and it is declared to be the policy of this state to:   (1) Protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous waste;  (2) Establish a program of regulation over the generation, storage, transportation, treatment, and disposal of hazardous waste;  (3) Assure the safe and adequate management of hazardous waste within this state;  (4) Qualify the Division of Environmental Quality to adopt, administer, and enforce a hazardous waste program pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; and  (5) Afford the people of the State of Arkansas a voice in the permitting of hazardous waste facilities within their respective counties.
AR Code § 8-7-205 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-205. Unlawful actions

 It shall be unlawful for any person to:   (1) Violate any provisions of this subchapter or of any rule, permit, or order adopted or issued under this subchapter;  (2) Knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subchapter or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted pursuant thereto;  (3) Dispose of hazardous waste at any disposal site or facility other than one for which a permit has been issued by the Division of Environmental Quality pursuant to this subchapter; or  (4) Store, collect, transport, treat, or dispose of any hazardous waste contrary to the rules, permits, or orders issued under this subchapter or in such a manner or place as to create or as is likely to be created a public nuisance or a public health hazard or to cause or is likely to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.
AR Code § 8-7-206 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-206. Private right of action

 Any person adversely affected by a violation of this subchapter or of any rules or orders issued pursuant thereto shall have a private right of action for relief against such violation.
AR Code § 8-7-207 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-207. Venue for legal proceedings

 All legal proceedings affecting hazardous waste treatment or hazardous waste disposal facilities in this state shall be brought in the county in which the facility is located.
AR Code § 8-7-208 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-208. Official agency for program and agreements

 (a) The Division of Environmental Quality is designated as the official agency for the state for all purposes of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and for the purpose of such other state or federal legislation as may be enacted to assist in the management of hazardous wastes.  (b)  (1) The General Assembly encourages cooperative activities by the division with other states for the improved management of hazardous wastes and, so far as is practicable, uniform state laws relating to the management of hazardous wastes and compacts between this and other states for the improved management of hazardous wastes.  (2) The division may enter into agreements with the responsible authorities of the United States or of other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed in the management of hazardous wastes not inconsistent with the provisions of this subchapter and may carry out such agreements.
AR Code § 8-7-210 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-210. Existing rules, etc

 (a) All existing rules of the Division of Environmental Quality not inconsistent with the provisions of this subchapter relating to subjects embraced within this subchapter shall remain in full force and effect until expressly repealed, amended, or superseded by the Arkansas Pollution Control and Ecology Commission, insofar as the rules do not conflict with the provisions of this subchapter.  (b) All orders entered, permits granted, and pending legal proceedings instituted by the division relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the division or commission under this subchapter.  (c) No existing civil or criminal remedies, public or private, for any wrongful action shall be excluded or impaired by this subchapter.  (d) The provisions of this subchapter and the rules promulgated pursuant to this subchapter shall govern if they conflict with the provisions of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or any action taken by the division or commission under those laws.
AR Code § 8-7-211 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-211. Variances, waivers, or extensions

 When the application of or compliance with any rule or regulation issued under this subchapter, in the judgment of the Arkansas Pollution Control and Ecology Commission, would cause undue or unreasonable hardship to any person and not cause substantially adverse environmental effects, the commission may grant a variance, waiver, or extension to the same extent that such variance, waiver, or extension would be allowable under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the regulations promulgated thereunder. In no case shall the duration of any such variance exceed one (1) year. Renewals or extensions may be given only after opportunity for public comment on each such renewal or extension.
AR Code § 8-7-212 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-212. Considerations in administration

 (a) In administering the provisions of this subchapter, the Division of Environmental Quality may adopt and give appropriate effect to variations within this state in climate, geology, population density, and such other factors as may be relevant to the management of hazardous waste, the establishment of standards and permit conditions, and to the siting of permitted facilities.  (b) To the extent practicable, the rules and procedures adopted by the division pursuant to this subchapter shall be consistent with other environmentally related rules and procedures of the division. In administering the provisions of this subchapter and of all other laws under the administration of the division, the division and the Arkansas Pollution Control and Ecology Commission shall coordinate and expedite the issuance of permits required by an applicant under one (1) or more laws, to the end of eliminating, insofar as practicable, any duplication of unnecessary time and expense to the applicant and the division.  (c) The division shall integrate all provisions of this subchapter with the appropriate provisions of all other laws which grant regulatory authority to the division for purposes of administration and enforcement and shall avoid duplication to the maximum extent practicable.
AR Code § 8-7-213 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-213. Procedure generally

 The procedure of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in § 8-4-101 et seq. and § 8-4-201 et seq., including, but not limited to, §§ 8-4-205, 8-4-210, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229 if they are not in conflict with the provisions set forth in this subchapter.
AR Code § 8-7-214 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-214. Emergency order for imminent hazard

 (a)  (1) Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the storage, transportation, treatment, or disposal of any waste 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, he or she 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 operator of the treatment or disposal facility or site or the custodian of the waste 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, may order cessation of operation.    (b)  (1) Any person to whom the order is directed shall comply with it immediately, but, on 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.  (2) On the basis of the hearing, the commission shall continue the order in effect or shall revoke or modify it.
AR Code § 8-7-215 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-215. Permits — Requirement

 (a) No person shall construct, substantially alter, or operate any hazardous waste treatment or disposal facility or site, nor shall any person store, treat, or dispose of any hazardous waste without first obtaining a permit from the Division of Environmental Quality for the facility, site, or activity.  (b) Persons who construct, substantially alter, or operate a facility which generates hazardous waste shall be subject to the reporting requirements of this subchapter but shall not be required to obtain a permit under this subchapter unless such person also stores, treats, or disposes of hazardous waste.
AR Code § 8-7-216 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-216. Permits — Issuance generally — Interim operations

 (a) A permit shall be issued under such terms and conditions as the Division of Environmental Quality may prescribe under this subchapter and under the terms and conditions the Arkansas Department of Transportation may prescribe for the transportation of hazardous waste.  (b) [Repealed.]  (c)  (1) A facility required to have a permit under this subchapter due to statutory or regulatory changes which occur after March 14, 1979, may continue in operation until such time as a permit is issued under this subchapter, provided that the owner or operator notifies the division of newly regulated activities at the facility within ninety (90) days of the effective date of each statutory or regulatory change and makes initial permit application within one hundred eighty (180) days of the effective date of such changes on forms provided by the division.  (2) This subsection shall not apply to any facility at which interim operating authority or a final permit has previously been terminated or denied.    (d) Interim operating authority acquired pursuant to subsection (b) of this section shall terminate for incineration facilities on November 8, 1989, unless the owner or operator applied for final permit determination by November 8, 1986.  (e) Interim operating authority acquired pursuant to subsection (b) of this section shall terminate for storage and treatment facilities on November 8, 1992, unless the owner or operator applied for final permit determination by November 8, 1988.  (f) Interim operating authority acquired pursuant to subsection (c) of this section for a land disposal facility shall terminate twelve (12) months after the land disposal facility first becomes subject to permitting unless the owner or operator certifies compliance with all applicable groundwater monitoring and financial responsibility requirements.
AR Code § 8-7-217 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-217. Permits — Notice of hearing

 No permit shall be issued by the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission for any commercial hazardous waste treatment, storage, or disposal facility unless thirty (30) days' advance notice of a hearing has been placed in the largest newspaper published in the county in which a commercial hazardous waste treatment, storage, or disposal facility or facilities are located or proposed to be located, as well as published in the largest newspaper published in the adjoining counties. If there is no newspaper published in any of the counties so affected, the notice shall be published in the newspaper having the largest circulation in the county.
AR Code § 8-7-218 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-218. Permits — Compliance with subchapter, state and federal standards, regulations, etc

 (a) No permits shall be issued by the Division of Environmental Quality for any facility unless the division, after opportunity for public comment, has determined that the facility has been designed and will be operated in such manner that any emission from the facility will comply with the provisions of this subchapter and all applicable state and federal standards and state rules and federal regulations concerning air and water quality and that the transfer, handling, and storage of materials within the facility will not cause conditions which would violate state and federal standards concerning worker safety or create unreasonable hazards to the environment or to the health and welfare of the people living and working in or near the facility.  (b)  (1) No permit shall be issued by the division for any commercial disposal or storage facility off the site where the hazardous waste is generated until the division has adopted rules, standards, and procedures pursuant to § 8-7-209.  (2) The rules, standards, procedures, or other requirements adopted and imposed by the division shall not be less stringent than the regulations promulgated or revised by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.    (c) No permit shall be issued for hazardous waste treatment, storage, or disposal facilities except under the terms of rules of the division which conform to the provisions of § 3005 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6925.
AR Code § 8-7-219 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-219. Permits — Commercial facilities — Terms and conditions

 No permit shall be issued for any commercial hazardous waste treatment, storage, or disposal facility unless that facility meets such terms and conditions as the Division of Environmental Quality may direct, including, but not limited to:   (1) Evidence of liability insurance in such amount as the division may determine to be necessary for the protection of the public health and safety and the protection of the environment;  (2) Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment;  (3)  (A) Evidence that the personnel employed at the hazardous waste treatment or disposal facility meet such qualifications as to education and training as the division may determine to be necessary to assure the safe and adequate operation of the facility.  (B) Persons charged with the direct supervision of the operation of any facility must be certified by the division as having such qualifications after a review of the types, properties, and volume of hazardous waste to be treated or disposed of at the facility.  (C) The division may require the recertification of supervisory personnel when there is any significant change in the types or properties of hazardous waste being treated or disposed of in any facility;    (4) Evidence of an appropriate preventive maintenance program, spill prevention plan, safety procedures, and contingency plans which have been developed in consultation with the fire department having jurisdiction and by the mayor or city manager of the municipality or by the county judge of the county in which the facility is to be located;  (5) Evidence that the location of the facility is consistent with the siting criteria established by the division as provided in § 8-7-209(a)(3). The provisions of this subdivision (5) shall not apply to a treatment facility which began operation prior to the date of enactment of this act and which has an existing operating permit from the Arkansas Department of Environmental Quality, now the Division of Environmental Quality, or to any subsequent modifications to such treatment facility, provided that the owner of the treatment facility can demonstrate that the modifications do not materially increase the degree of hazards associated with the treatment facility; and  (6) Evidence of such forms of assurance, including full fee ownership of lands, and all mineral rights thereto, to ensure that the owner of any hazardous waste landfill has the legal authority to commit the hazardous waste landfill to perpetual security.
AR Code § 8-7-220 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-220. Permits — Duration — Renewal

 (a) Permits shall be issued for a period not to exceed ten (10) years. However, land disposal permits shall be reviewed five (5) years from the date of issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable laws and rules.  (b) Permits shall be subject to renewal by the Division of Environmental Quality upon a showing that the facility has been operated in accordance with the terms of the permit, the rules applicable to such facility, and in compliance with all other provisions of this subchapter.  (c) Nothing in this section shall preclude a permit from being reviewed and modified at any time during its term.
AR Code § 8-7-221 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-221. Permits — Revocation

 Any permit issued under §§ 8-7-215 — 8-7-220 shall be subject to revocation for failure of the permittee to comply with the terms and conditions of the permit, the rules of the Division of Environmental Quality applicable thereto, or the provisions of this subchapter.
AR Code § 8-7-222 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-222. Permits — Hearing upon denial, revocation, or modification

 Any person who is denied a permit by the Director of the Division of Environmental Quality or who has such permit revoked or modified 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.
AR Code § 8-7-223 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-223. Location of landfill

 No hazardous waste landfill disposal facility off the site of generation shall be located within one-half (½) mile of any occupied dwelling unless the applicant shall affirmatively demonstrate and the Division of Environmental Quality shall specifically find that, because of the nature and amounts of the materials to be placed in such hazardous waste landfill disposal facility, a lesser distance will provide adequate margins of safety even under abnormal operating conditions.
AR Code § 8-7-224 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-224. Rules for transporting hazardous waste

 (a)  (1) Following notice and public hearing, the Arkansas Department of Transportation, in consultation with the Division of Environmental Quality, shall issue rules for the transportation of hazardous waste.  (2) The rules shall be consistent with applicable rules and regulations issued by the United States Department of Transportation and with any rules and standards issued by the division under this subchapter.    (b) The provisions of this section shall apply equally to those persons transporting hazardous waste generated by others and to those transporting hazardous waste they have generated themselves, or combinations thereof.