reglab/housing_qa huggingface dataset:
AR Code § 8-7-515 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-515. Recovery of expenditures — Limitations

 No person, including the state, may recover under the authority of this section for any remedial action or removal action costs or damages resulting:   (1) From the application, in accordance with label directions of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act; or  (2) Solely from an act or omission of a third party or from an act of God or an act of war.
AR Code § 8-7-516 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-516. Liens for expenditures and value of improvements

 (a) If the owner of real property that is the location of a hazardous substance site upon which remedial action or removal action is performed under this subchapter is responsible, in whole or in part, for causing the release of the hazardous substance, there shall exist a lien against the real property for the moneys expended. If the expenditure results in an increase in the value of the real property, the lien shall also be for the increase in value.  (b) The lien shall be effective upon the filing by the Director of the Division of Environmental Quality of a notice of lien with the circuit clerk in the county in which the real property is located.  (c) The lien obtained by this section shall not exceed the amount of expenditures, as itemized on an affidavit of expenditures attached to and filed with the notice of lien, and the increase in real property value as a result of the removal action, remedial action, or abatement action taken, as determined by an independent appraisal, a copy of which shall be attached to and filed with the notice of lien.  (d) The notice of lien shall be filed within thirty (30) days of the date of the last act performed on the real property by the Division of Environmental Quality or its agent under this subchapter.  (e) Upon filing of the notice of lien, a copy with attachments shall be served upon the real property owner in the manner provided for enforcement of mechanics' or materialmen's liens.  (f) Any and all moneys recovered or reimbursed pursuant to this section through voluntary agreements or court orders shall be deposited into and credited to the account of the Hazardous Substance Remedial Action Trust Fund.
AR Code § 8-7-517 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-517. Punitive damages

 If any person who is liable for a release or threat of release of a hazardous substance fails without sufficient cause to properly provide remedial action or removal action upon order of the Division of Environmental Quality, the person may be liable to the state for punitive damages in an amount equal to three (3) times the amount of any costs incurred by the state as a result of the failure to take proper action.
AR Code § 8-7-518 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-518. Fees on the generation of hazardous waste

 (a) On or before April 1 of each year, the following persons shall report the total amount of such hazardous waste generated or accepted to the Director of the Division of Environmental Quality, except as provided in this section, on forms prescribed by the Division of Environmental Quality:  (1) Every person who generated hazardous waste in Arkansas during the preceding year; and  (2) Every person who accepted for treatment, storage, or disposal in Arkansas during the preceding year hazardous waste generated outside the state.    (b)  (1)  (A) Except as provided in this section, there is assessed a fee to be collected by the division upon every person who generated hazardous waste in Arkansas or who accepted hazardous waste generated outside of the state which was subsequently received for treatment, storage, or disposal in Arkansas based upon the combined total of such hazardous waste as is required to be reported pursuant to subsection (a) of this section.  (B) The fees shall be calculated and paid according to a schedule to be adopted by rule of the Arkansas Pollution Control and Ecology Commission, not to exceed a maximum of ten thousand dollars ($10,000) annually per facility.    (2)  (A) No person shall be required to pay fees based on the quantity of hazardous waste generated when such hazardous waste is managed in a totally enclosed treatment facility, an elementary neutralization unit, or a wastewater treatment unit, or when the hazardous waste is otherwise excluded by rule from inclusion in a facility's determination of its compliance status or category as a generator.  (B) Any person who has paid such fees for hazardous waste generated in 1997 or later years shall be entitled to a refund upon application for a refund.  (C) The division shall calculate the amount of fee refund due and provide the applicant with a copy of the calculation.  (D) The division shall promptly pay any refund due from the Hazardous Substance Remedial Action Trust Fund.      (c) On or before July 1 of each year, each person subject to subsection (a) of this section shall pay to the division the fee required by subsection (b) of this section.  (d) To the extent practicable, the division shall coordinate the reporting requirements of this section with the reporting requirements of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules adopted under the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. The content of the reporting shall be consistent with federal reporting requirements pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., in all respects with the exception of frequency.  (e) The division shall prepare annually a statement of all revenues collected by the fees under this section, as well as all other revenues to the fund, and all expenditures from the fund and obligations of the fund and the current balance in the fund.
AR Code § 8-7-519 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-519. Appeals

 An appeal may be taken from any final order of the Division of Environmental Quality under this subchapter as provided in §§ 8-4-202, 8-4-210, 8-4-212—8-4-214, 8-4-218, 8-4-219, and 8-4-221 — 8-4-229 and in accordance with rules promulgated by the Arkansas Pollution Control and Ecology Commission under this subchapter.
AR Code § 8-7-520 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-520. Contribution

 (a) Any person who has undertaken or is undertaking remedial action at a hazardous substance site in response to an administrative or judicial order initiated against such person pursuant to § 8-7-508 or § 8-7-1104(d) may obtain contribution from any other person who is liable for such hazardous substance site.  (b) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicially approved settlement may obtain contribution from any person who is liable for such hazardous substance site and is not a party to the settlement.  (c) Those persons identified under § 8-7-512(a) shall be the persons liable for the hazardous substance site.  (d) An action for contribution may be brought in the circuit court of the county in which the hazardous substance site is located. In resolving contribution claims, the circuit court shall allocate the costs and expenses incurred or to be incurred by the contribution claimant or claimants for undertaking remedial action among all persons liable for the hazardous substance site, using such equitable factors as the circuit court determines are appropriate.  (e) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicial proceeding or settlement shall not be liable for claims for contribution regarding matters addressed in the order or settlement which have been satisfactorily resolved. Such order or settlement does not discharge any of the other persons liable for the hazardous substance site who did not undertake or participate in the remedial action, unless the terms of the order or settlement so provide.  (f) [Repealed.]  (g) No action for contribution may be commenced more than three (3) years after the date of the administrative or judicial order or settlement with respect to such remedial action. In any such action, the circuit court shall enter a declaratory judgment on liability that will be binding on any subsequent action to recover costs and expenses for remedial action.  (h) In any action for contribution, judicial review of any issues concerning the adequacy of the remedial action shall be limited to the administrative record to determine whether the selected remedy contained in the order or settlement is arbitrary or capricious, and then only such costs and expenses as are found to be inconsistent with those terms of the administrative or judicial order or settlement found to be arbitrary or capricious may be disallowed.
AR Code § 8-7-521 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-521. Site access for remedial or removal action

 (a) For purposes of responding to an administrative or judicial order or settlement entered pursuant to § 8-7-508, the owner or the operator of a facility that is a hazardous substance site, or any person who otherwise controls access to such a facility, shall provide access to the Division of Environmental Quality, any employee of the division, or any other person, duly designated by the Director of the Division of Environmental Quality, who undertakes such activities as are required to carry out the terms of the order or settlement.  (b) Any person who impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement may be assessed a civil penalty by the division in an administrative proceeding or by the court in a judicial proceeding for a site access injunction of up to ten thousand dollars ($10,000) per day that site access is impeded.  (c) Any person who knowingly impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement shall be guilty of a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) or imprisonment for up to one (1) year, or both.
AR Code § 8-7-522 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-522. Liability for actions relating to remedial actions

 (a) No shareholder, director, or officer of a corporation or a grantor or trustee of a trust whose sole purpose, as stated in its articles of incorporation or its trust agreement, is to conduct remedial action at a hazardous substance site pursuant to an administrative or judicial order or settlement under § 8-7-508 shall be liable to any person for any action of the corporation or trust reasonably related to the stated purpose of the corporation or trust.  (b) This section shall not apply to any action of the corporation or trust resulting from the gross negligence or intentional misconduct of a shareholder, director, or officer of said corporation, or a grantor or trustee of said trust.  (c) Nothing in this section shall be construed to alter the liability of any person for the hazardous substance site under this subchapter, nor shall the liability of any such person be expanded as a result of such person undertaking remedial action or serving as a shareholder, officer, or director of a corporation or as a grantor or trustee of a trust which undertakes remedial action pursuant to an administrative or judicial order or settlement under § 8-7-508.
AR Code § 8-7-525 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-525. Appropriation

 On or after July 1, 2005, any appropriation made payable from the Emergency Response Fund [abolished] shall be made payable from the Hazardous Substance Remedial Action Trust Fund.
AR Code § 8-7-601 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 6 - Low-Level Radioactive Waste|§ 8-7-601. Definitions

 As used in this subchapter, unless the context otherwise requires:   (1) “Above-ground facility” means any facility which has a substantial portion of its structure above ground; and  (2) “Low-level radioactive waste” means radioactive material that:  (A) Is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined in 42 U.S.C. § 2014(e)(2); and  (B) The United States Nuclear Regulatory Commission, consistent with existing law and in accordance with subdivision (2)(A) of this section, classifies as low-level radioactive waste.
AR Code § 8-7-602 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 6 - Low-Level Radioactive Waste|§ 8-7-602. Disposal or storage in above-ground facilities

 (a) In the event that low-level radioactive waste is required to be disposed of or stored in the State of Arkansas, the low-level radioactive waste shall be disposed of or stored only in an above-ground facility.  (b) An above-ground facility shall be so designed, constructed, and maintained as to prevent any accidental release of the low-level radioactive waste or any harmful substance in the above-ground facility as a result of flooding, earthquakes, tornadoes, or other occurrences, to permit effective surveillance of the above-ground facility and the low-level radioactive waste in the above-ground facility, and to permit retrievability of any low-level radioactive waste stored in the above-ground facility for testing and other appropriate purposes.
AR Code § 8-7-603 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 6 - Low-Level Radioactive Waste|§ 8-7-603. Approval and issuance of permits

 Neither the Division of Environmental Quality nor any other agency or authority having the responsibility for approving and issuing permits for facilities for the disposal or storage of low-level radioactive waste in this state shall have the authority to approve or issue a permit for any facility unless the facility will fully comply with the requirements of this subchapter in all respects.
AR Code § 8-7-604 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 6 - Low-Level Radioactive Waste|§ 8-7-604. Compact provisions controlling

 The implementation of this subchapter will not affect Arkansas's continued membership in the Central Interstate Low-Level Radioactive Waste Compact Commission. If any provision of this subchapter is in conflict with the provisions of the Central Interstate Low-Level Radioactive Waste Compact, § 8-8-201 et seq., the provisions of the compact shall be controlling.
AR Code § 8-7-701 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 7 - Federally Listed Hazardous Sites|§ 8-7-701. Legislative intent

 The purpose of this subchapter is to encourage response actions at federally listed hazardous sites, to facilitate agreements related to property access and use to implement response actions at federally listed hazardous sites, to discourage activities that interfere with or obstruct such response actions, and to provide for the future use of federally listed hazardous sites after remediation.
AR Code § 8-7-702 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 7 - Federally Listed Hazardous Sites|§ 8-7-702. Definitions

 As used in this subchapter:   (1) “Hazardous site” means any geographic area located, in whole or in part, in the State of Arkansas, access to or use of which is determined by the Division of Environmental Quality to be necessary or appropriate to implement a response ordered by the President of the United States;  (2)  (A) “Hazardous substance” means:  (i) Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A);  (ii) Any element, compound, mixture, solution, or substance designated pursuant to § 102 of the Federal Water Pollution Control Act, 33 U.S.C. § 1252;  (iii) Any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act, 42 U.S.C. § 6921, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of the United States Congress;  (iv) Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a);  (v) Any hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412; and  (vi) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606.    (B) “Hazardous substance” does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subdivisions (2)(A)(i)-(vi) of this section.  (C) “Hazardous substance” does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas;    (3) “Passive-site owner” means any person or entity owning any interest in any portion of a hazardous site, whether as owner, joint tenant, lessee, mortgagee, licensee, easement holder, mineral owner, or otherwise, and who has not entered into an agreement pursuant to 42 U.S.C. § 9622 for that hazardous site;  (4) “Response costs” means all amounts of removal or remedial action, including any costs and expenses incurred as a result of contractor delays, and other necessary amounts, including attorney's fees and expenses reasonably incurred by any entity, including, but not limited to, the United States, the State of Arkansas, the governments of any other states, corporations, partnerships, and private citizens to investigate and secure a response action at a hazardous site; and  (5) “Settling party” means any person who has entered into an agreement with the United States pursuant to 42 U.S.C. § 9622.
AR Code § 8-7-703 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 7 - Federally Listed Hazardous Sites|§ 8-7-703. Interference by passive-site owners

 (a) No passive-site owner shall unduly impede or interfere with the efforts of a settling party to carry out an approved response action at a hazardous site.  (b) Any passive-site owner who violates subsection (a) of this section shall be liable for any response costs resulting from such violation.
AR Code § 8-7-704 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 7 - Federally Listed Hazardous Sites|§ 8-7-704. Injunction

 The circuit court of the county in which the hazardous site is located shall have jurisdiction to enjoin any passive-site owner from unduly impeding or interfering with the implementation of a response action at such hazardous site.
AR Code § 8-7-705 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 7 - Federally Listed Hazardous Sites|§ 8-7-705. Restrictions on use of hazardous substances

 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.
AR Code § 8-7-706 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 7 - Federally Listed Hazardous Sites|§ 8-7-706. Ad valorem tax exemption

 Upon initiation of a response action at a hazardous site, such hazardous site shall be appraised at no value for purposes of any ad valorem taxes levied by any state, county, or local governmental authority unless and until the Division of Environmental Quality issues an order wholly terminating the construction and use prohibitions established by § 8-7-705. This section shall not apply to the interest in such hazardous site owned by any passive-site owner or its successors and assigns that have violated § 8-7-703(a).
AR Code § 8-7-707 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 7 - Federally Listed Hazardous Sites|§ 8-7-707. Director and officer liability

 No director or officer of a corporation whose sole purpose as stated in its articles of incorporation is to own, implement a response action at, or hold one (1) or more hazardous sites, shall be liable to any person or entity for any action of the corporation reasonably related to the stated purpose of the corporation. This section shall not apply to any action of the corporation resulting from the gross negligence or willful misconduct of a director or officer of said corporation.
AR Code § 8-7-803 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 8 - Regulated Substance Storage Tanks|§ 8-7-803. Rules generally

 Any rules promulgated under this subchapter shall as much as possible be identical to and no more stringent than the federal regulations adopted by the United States Environmental Protection Agency.
AR Code § 8-7-804 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 8 - Regulated Substance Storage Tanks|§ 8-7-804. Procedures 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 — 8-4-106 and 8-4-201 — 8-4-229, including, but not limited to, §§ 8-4-205, 8-4-210, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229 to the extent they are not in conflict with the provisions of this subchapter.