reglab/housing_qa huggingface dataset:
AR Code § 8-4-304 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-304. Applicability of water pollution provisions

 All provisions of §§ 8-4-101 et seq. and 8-4-201 et seq. relating to water pollution shall apply to this subchapter unless manifestly inconsistent therewith, including, but not limited to, the provisions of §§ 8-4-205, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229 relating to hearings before the Arkansas Pollution Control and Ecology Commission, notice, right to appeal, and procedure, and § 8-4-230 relating to variances and interim authority.
AR Code § 8-4-305 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-305. Exceptions

 The provisions of this subchapter do not apply to:   (1) Agricultural operations in the growing or harvesting of crops and the raising of fowl or animals;  (2) Use of equipment in agricultural operations in the growing of crops or the raising of fowl or animals;  (3) Barbecue equipment or outdoor fireplaces used in connection with any residence;  (4) Land clearing operations or land grading;  (5) Road construction operations and the use of mobile and portable equipment and machinery incident thereto;  (6) Incinerators and heating equipment in or used in connection with residences used exclusively as dwellings for not more than four (4) families;  (7) Fires set or permitted by any public officer, board, council, or commission when the fire is set or permission to burn is given in the performance of the duty of the public officer, board, council, or commission for the purpose of weed abatement, the prevention or elimination of a fire hazard, or the instruction of employees in the methods of fire fighting, which is necessary in the opinion of the public officer, board, council, or commission, or from fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction; or  (8)  (A) Unless prohibited by municipal or county ordinance, open fires used at a construction site only for the purpose of warming persons on the site during cold weather.  (B) Such fires:  (i) Shall be fueled only by wood or wood products;  (ii) Must be controlled to the extent necessary to prevent a fire hazard or local nuisance; and  (iii)  (a) Must be confined within a container made of nonflammable material.  (b) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length.
AR Code § 8-4-306 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-306. Political subdivisions preempted — Exception

 (a) In order to avoid conflicting and overlapping jurisdiction, it is the intention of this chapter to occupy, by preemption, the field of control and abatement of air pollution and contamination and no political subdivision of this state shall enact or enforce laws, ordinances, resolutions, rules, or regulations in this field.  (b) Notwithstanding subsection (a) of this section, any political subdivision of this state may enact and enforce laws, ordinances, resolutions, rules, or regulations for the purpose of prohibiting burning in the open or in a receptacle having no means for significantly controlling the fuel/air ratio.  (c) Nothing in this chapter shall be construed to prevent private actions under existing laws.
AR Code § 8-4-307 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-307. Private rights unchanged

 (a) Persons other than the state or the Division of Environmental Quality shall not acquire actionable right by virtue of this subchapter. The basis for proceedings that result from violation of any standard or rule promulgated by the Arkansas Pollution Control and Ecology Commission shall inure solely to and shall be for the benefit of the people of the state generally, and it is not intended to create in any way new rights or to enlarge existing rights or to abrogate existing private rights.  (b) A determination by the division that air pollution or air contamination exists or that any standard or rule has been violated, whether or not a proceeding or action is brought by the state, shall not create, by reason thereof, any presumption of law or finding of fact that shall inure to or be for the benefit of any person other than the state.
AR Code § 8-4-308 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-308. Industrial secrets confidential

 (a)  (1)  (A) Any information that constitutes a trade secret under § 4-75-601 et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administration of this chapter shall be kept confidential, except for emission data that is submitted to the state, local agency, or the United States Environmental Protection Agency, which is otherwise obtained by any of those agencies pursuant to the Clean Air Act.  (B) Only such emission data is to be publicly available.    (2)  (A) The manner and rate of operation of the source, if such information is a trade secret, shall be kept confidential.  (B) Provided, that the identity, amount, frequency, and concentration of the emissions is publicly available.      (b) Any violation of this section is a misdemeanor punishable under § 8-4-103.
AR Code § 8-4-309 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-309. Construction limited — Exception

 (a) Nothing contained in this subchapter shall be construed as amending or repealing § 20-21-201 et seq. concerning the control of radiation or as granting to the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission any jurisdiction or authority with respect to air conditions existing solely within the property boundaries of any plant, works, or shop or with respect to employer-employee relationships as to health and safety hazards.  (b) Notwithstanding the preceding limitation, the division and the commission shall have jurisdiction and authority over air conditions associated with the removal, encapsulation, enclosure, transportation, or disposal of asbestos-containing material regardless of whether such removal, encapsulation, enclosure, transportation, or disposal is conducted within the property boundaries of any plant, works, or shop.
AR Code § 8-4-310 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-310. Unlawful actions

 (a) It is a misdemeanor punishable under § 8-4-103:  (1) To knowingly cause air pollution as defined in § 8-4-303;  (2) To construct, install, use, or operate any source capable of emitting air contaminants without having first obtained a permit to do so, if required by rule of the Arkansas Pollution Control and Ecology Commission, or to do so contrary to the provisions of any permit issued by the Division of Environmental Quality or after any such permit has been suspended or revoked; or  (3) To violate any rule or order of the commission issued pursuant to this chapter.    (b) The liabilities imposed for violation of subdivisions (a)(1)-(3) of this section or any other provision of this chapter shall not apply with respect to any unintended violation caused by war, strike, riot, or other catastrophe, or accidental breakdown of equipment if promptly repaired.
AR Code § 8-4-312 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-312. Factors in exercise of powers

 In exercising their powers and responsibilities under this chapter, the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall take into account and give consideration to the following factors:   (1) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state;  (2) Existing physical conditions and topography;  (3) Prevailing wind directions and velocities;  (4) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions;  (5) Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight;  (6) The predominant character of development of the area of the state such as residential, highly developed industrial, commercial, or other characteristics;  (7) Availability of air-cleaning devices;  (8) Economic feasibility of air-cleaning devices;  (9) Effect on normal human health of particular air contaminants;  (10) Effect on efficiency of industrial operation resulting from use of air-cleaning devices;  (11) The extent of danger to property in the area reasonably to be expected from any particular air contaminant;  (12) Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that can reasonably be expected from air contaminants;  (13) The volume of air contaminants emitted from a particular class of air contamination sources;  (14) The economic and industrial development of the state and the social and economic value of the air contamination sources;  (15) The maintenance of public enjoyment of the state's natural resources; and  (16) Other factors that the division or the commission may find applicable.
AR Code § 8-4-313 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-313. Variance from rules or general orders

 (a)  (1) The Arkansas Pollution Control and Ecology Commission may grant specific variances from the particular requirements of any rule or general order to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may deem necessary to protect the public health and welfare, if it finds that strict compliance with the rule or general order is inappropriate because of conditions beyond the control of the person granted the variance or because of special circumstances that would render strict compliance unreasonable, unduly burdensome, or impractical due to special physical conditions or causes or because strict compliance would result in substantial curtailment or closing down of a business, plant, or operation or because no alternative facility or method of handling is yet available.  (2) Variances may be limited in time.  (3) In determining whether or not a variance shall be granted, the commission shall weigh the equities involved and the relative advantages and disadvantages to the residents and the occupation and activity affected.    (b)  (1) Any person seeking a variance shall do so by filing a petition for a variance with the Director of the Division of Environmental Quality.  (2)  (A) The director shall promptly investigate the petition and make a recommendation to the commission as to the disposition thereof.  (B)  (i) If the recommendation is against the granting of the variance, a hearing shall be held thereon after not less than ten (10) days, prior to notice to the petitioner.  (ii) If the recommendation of the director is for the granting of a variance, the commission may do so without a hearing. However, upon the petition of any person aggrieved by the granting of a variance, a public hearing shall be held.        (c)  (1) A variance granted may be revoked or modified by the commission after a public hearing held upon not less than ten (10) days' prior notice.  (2) The notice shall be served upon all persons known to the commission that will be subjected to greater restrictions if the variance is revoked or modified, that are likely to be affected, or that have filed with the commission a written request for such notification.
AR Code § 8-4-315 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-315. Permits

 The Arkansas Department of Environmental Quality is authorized to require, issue, and enforce operating permits for major sources in satisfaction of Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. § 7661 et seq.
AR Code § 8-4-318 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 3 - Air Pollution|§ 8-4-318. National Ambient Air Quality Standards implementation

 (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.
AR Code § 8-5-201 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 5 - Water Pollution Control Facilities|Subchapter 2 - Wastewater Treatment Plants|§ 8-5-201. Definitions

 As used in this subchapter, unless the context otherwise requires:   (1) “Commission” means the Arkansas Pollution Control and Ecology Commission or its successor;  (2) [Repealed.]  (3) “License” means a certificate of competency issued by the Division of Environmental Quality to operators who have met the requirements of the licensing program;  (4) “Licensing committee” means the committee of operators and technicians established in this subchapter to assist and advise the division in the examining and licensing of operators;  (5)  (A) “Operator” means any person who is in responsible charge of the operation of a wastewater treatment plant, in whole or in part, and who, during the performance of his or her regular duties, exercises individual judgment which directly or indirectly may affect the proper operation of the wastewater treatment plant.  (B) “Operator” shall not be deemed to include an official solely exercising general administrative supervision; and    (6) “Wastewater treatment plant” means any plant, disposal field, lagoon, pumping station, or other works:  (A) That use chemical or biological processes for:  (i) Treating, stabilizing, or disposing of sewage, industrial wastewaters, or other wastewaters; or  (ii) The reduction and handling of sludge removed from such wastewater; and    (B) From which:  (i) A discharge to the waters of the state occurs; or  (ii) Municipal wastewater is land-applied.
AR Code § 8-5-202 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 5 - Water Pollution Control Facilities|Subchapter 2 - Wastewater Treatment Plants|§ 8-5-202. Penalty and injunctions

 (a) A violation of any provision of this subchapter or of any rule issued pursuant to this subchapter shall constitute a misdemeanor and upon conviction shall be punishable as such. Each day's continuance of a violation shall constitute a separate offense.  (b) Any violation of this subchapter shall be subject to injunction proceedings brought by the Division of Environmental Quality in a court of competent jurisdiction.  (c) A violation of any provision of this subchapter or of any rule promulgated under this subchapter is grounds for an administrative revocation or suspension of the operator's license by the division.
AR Code § 8-5-203 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 5 - Water Pollution Control Facilities|Subchapter 2 - Wastewater Treatment Plants|§ 8-5-203. Unlawful actions

 It shall be unlawful for any municipality, governmental subdivision, public or private corporation, or other person to operate a public or private wastewater treatment plant unless the competency of the operator is duly licensed by the Division of Environmental Quality under the provisions of this subchapter. It shall further be unlawful for any person to perform the duties of an operator of any such wastewater treatment plant without being duly licensed under this subchapter.
AR Code § 8-5-204 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 5 - Water Pollution Control Facilities|Subchapter 2 - Wastewater Treatment Plants|§ 8-5-204. Licensing committee

 (a)  (1) There is created and established a licensing committee to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program.  (2) The committee shall be composed of eight (8) members:  (A) Five (5) members, to be appointed by the commission, of which three (3) members shall be active wastewater treatment plant operators licensed by the commission and two (2) members shall be employed by a private corporation or industry located in Arkansas and nominated at large by the corporations or industries for service on the committee;  (B) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a wastewater treatment plant who holds the position of chief administrative officer, city engineer, director of public utilities, or other equivalent position;  (C) One (1) member, to be appointed by the commission, shall be a faculty member of an accredited college, university, or professional school in this state whose major field is related to water resources or sanitary engineering; and  (D) One (1) member shall be the Director of the Division of Environmental Quality or a qualified member of his or her staff who shall act as executive secretary of the committee.      (b)  (1) In the event of a vacancy, a new member shall be appointed by the commission to serve out the unexpired term.  (2) No member shall serve more than two (2) consecutive three-year terms.    (c)  (1) State agency members of the committee shall receive no additional salary or per diem for their services as members of the committee, but they may receive expense reimbursement in accordance with § 25-16-901 et seq.  (2) The members appointed by the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
AR Code § 8-5-205 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 5 - Water Pollution Control Facilities|Subchapter 2 - Wastewater Treatment Plants|§ 8-5-205. Powers and duties generally

 (a) The Division of Environmental Quality or its successor shall be charged with the responsibility of administering and enforcing this subchapter, with the advice and assistance of the licensing committee, and is given and charged with the following powers and duties:  (1) To conduct examinations for licensing, which shall be conducted at least annually and more frequently as the Arkansas Pollution Control and Ecology Commission shall deem necessary;  (2) To issue licenses to qualified wastewater treatment plant operators, to renew those licenses, and to suspend or revoke the licenses for cause, after due notice and hearing;  (3) To institute court proceedings to compel compliance with the provisions of this subchapter and the rules issued pursuant thereto; and  (4) To participate financially in programs sponsored by the Arkansas Water Environment Association, Inc. or its successor, provided that the participation shall not exceed the sum of one thousand dollars ($1,000) per fiscal year.    (b)  (1) The commission shall serve as the rulemaking and appointment authority for implementation of this subchapter.  (2) The commission’s powers shall include:  (A) To adopt rules implementing and effectuating this subchapter as may be necessary for the administration and enforcement thereof;  (B) To make appointments to the committee in accordance with this subchapter; and  (C) To set reasonable licensure and examination fees to cover the costs of administration of this subchapter.
AR Code § 8-5-206 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 5 - Water Pollution Control Facilities|Subchapter 2 - Wastewater Treatment Plants|§ 8-5-206. Classification of wastewater treatment plants

 (a) The Arkansas Pollution Control and Ecology Commission shall, through rules, classify all wastewater treatment plants, taking into account:  (1) The size, type, and complexity of the wastewater treatment plant;  (2) The character and volume of wastewater treated;  (3) The population served;  (4) The skill, knowledge, and experience reasonably required to supervise the proper operation of the wastewater treatment plant; and  (5) Such other factors as the commission shall deem appropriate.    (b) The Division of Environmental Quality shall license persons as to their qualifications to supervise successfully the proper operation of wastewater treatment plants within classifications based on the recommendations of the licensing committee.