reglab/housing_qa huggingface dataset:
AR Code § 8-7-225 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-225. Records and examinations

 (a) The owner or operator of any hazardous waste management facility or site shall notify the Division of Environmental Quality as to hazardous waste management activities in accordance with the requirements of this subchapter and rules, permits, and orders issued under this subchapter, and shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, take such samples, perform such tests, and provide such other information to the division as the Director of the Division of Environmental Quality may reasonably require.  (b) The division or any authorized employee or agent thereof may examine and copy any books, papers, records, or memoranda pertaining to the operation of the facility or site.  (c) The division or any authorized employee or agent thereof may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations necessary or appropriate for the purposes of this subchapter.  (d)  (1)  (A) Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying.  (B) Upon a showing satisfactory to the director that the records, reports, permits, documentation, information, or any part thereof would, if made public, divulge methods or processes entitled to protection as trade secrets, the director shall consider, treat, and protect the records, reports, or information as confidential.    (2)  (A) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter.  (B) The provisions of subdivision (d)(2)(A) of this section shall not be construed to limit the division's authority to release confidential information during emergency situations.    (3) Any violation of this subsection is a Class A misdemeanor.
AR Code § 8-7-226 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-226. Fees — Fund established

 (a) The Arkansas Pollution Control and Ecology Commission shall have authority to establish by rule a schedule of fees to recover the costs of processing permit applications and permit renewal proceedings, on-site inspections and monitoring, the certification of personnel to operate hazardous waste treatment, storage, or disposal facilities, and other activities of Division of Environmental Quality personnel which are reasonably necessary to assure that generators and transporters of hazardous waste and hazardous waste management facilities are complying with the provisions of this subchapter and which reasonably should be borne by the transporter, generator, or owner or operator of the hazardous waste management facility.  (b) All fees collected pursuant to this section shall be dedicated to enabling the division to receive authorization to administer a hazardous waste management program in Arkansas pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984.  (c) The Hazardous Waste Permit Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. All fees collected under the provisions of this section shall be deposited into this fund.  (d) The commission is hereby authorized to promulgate such rules as are necessary to administer the fees, rates, tolls, or charges for services established by this section and is directed to prescribe such fees, rates, tolls, or charges for the services delivered by the division or its successor in such manner as may be necessary to support the programs of the division as directed by the Governor and the General Assembly.
AR Code § 8-7-227 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979|§ 8-7-227. Corrective action at permitted facilities and interim status facilities

 (a)  (1) Any permit issued under this subchapter for any hazardous waste treatment, storage, or disposal facility shall require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at the hazardous waste treatment, storage, or disposal facility seeking the permit under this subchapter regardless of the time at which waste was placed in the unit.  (2) The corrective action component of the permit shall contain:  (A) Schedules of compliance for the corrective action when the corrective action cannot be completed prior to issuance of the permit; and  (B) Assurances of financial responsibility for completing the corrective action.    (3) The corrective action component of the permit shall also require that corrective action be taken beyond the hazardous waste treatment, storage, or disposal facility boundary when necessary to protect human health and the environment unless the owner or operator of the hazardous waste treatment, storage, or disposal facility concerned demonstrates to the satisfaction of the Director of the Division of Environmental Quality that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the action.    (b)  (1) Whenever the director determines that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under interim operating authority pursuant to this subchapter, the director may:  (A) Issue an order requiring corrective action or such other response measure as the director deems necessary to protect human health or the environment; or  (B) Commence a civil action in the circuit court in the county in which the facility is located for appropriate relief, including a temporary or permanent injunction.    (2)  (A) Any order issued under this subsection:  (i) Shall state with reasonable specificity the nature of the required corrective action or other response measure;  (ii) Shall specify a time for compliance; and  (iii) May include a suspension or revocation of the interim authority to operate under this subchapter.    (B) If any person named in an order issued under this section fails to comply with the order, the director may assess a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) for each day of noncompliance with the order.
AR Code § 8-7-301 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 3 - Arkansas Resource Reclamation Act of 1979|§ 8-7-301. Title

 This subchapter may be cited as the “Arkansas Resource Reclamation Act of 1979”.
AR Code § 8-7-302 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 3 - Arkansas Resource Reclamation Act of 1979|§ 8-7-302. Legislative findings

 The General Assembly finds and it is declared that:   (1) The disposal of hazardous waste, although currently necessary for certain forms of hazardous waste, represents an inefficient use of natural resources and may present long-term threats to the environment and to the public health and safety;  (2) Technically and economically feasible treatment methods are becoming increasingly available and offer the advantages of complete destruction of hazardous waste or the recovery and reclamation of some, if not all, constituents of hazardous waste;  (3) In addition to the recovery or reclamation of natural resources, treatment of hazardous waste reduces the volume of hazardous waste which must be disposed of and thereby reduces the associated threats to the environment and to the public health and safety;  (4) Interstate cooperation is necessary to assure that the volume of hazardous waste which must be disposed of within the state is reduced through a comprehensive program which encourages and, when appropriate, requires the treatment of hazardous waste; and  (5) The Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., authorizes the Division of Environmental Quality to encourage the development of interstate agreements for the management of hazardous waste and to enter into such interstate agreements, with the concurrence of the Governor.
AR Code § 8-7-303 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 3 - Arkansas Resource Reclamation Act of 1979|§ 8-7-303. Policy and purpose

 The General Assembly declares that it is the policy of this state and the purpose of this subchapter to:   (1) Establish a statewide program designed to protect society and the environment from the risks and burdens associated with the continued practice of disposing of those forms of hazardous waste which could otherwise be treated;  (2) Encourage the development and utilization of techniques which result in the recovery, reclamation, and conservation of resources of the state, including the reclamation and conservation or safeguarding of abandoned hazardous waste disposal sites;  (3) Encourage interstate cooperation and interstate agreements which would provide a requisite balance of disposal and treatment facilities among the states and which would reduce the amount of hazardous waste disposed of in the state, irrespective of the origin of the hazardous waste; and  (4) Coordinate the administration of this subchapter with the administration of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., so as to further the purposes of both this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.
AR Code § 8-7-305 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 3 - Arkansas Resource Reclamation Act of 1979|§ 8-7-305. Exception to provisions

 This subchapter does not apply to an industrial waste treatment facility that discharges into a publicly owned treatment works if the industrial waste treatment facility and publicly owned treatment works comply with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.
AR Code § 8-7-307 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 3 - Arkansas Resource Reclamation Act of 1979|§ 8-7-307. Unlawful actions — Acts or omissions of third parties

 (a) It is unlawful for a person to:  (1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter;  (2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality pursuant to the provisions of this subchapter; or  (3) Dispose of hazardous waste in the state except as provided by rules established by the division pursuant to this subchapter.    (b)  (1)  (A) A person who violates this section upon conviction is guilty of an unclassified misdemeanor and shall be sentenced to not more than one (1) year in the county jail or a fine of not more than ten thousand dollars ($10,000), or both.  (B) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.    (2)  (A) A person who violates this section or the rules issued under this subchapter, or who violates any condition of a permit issued under this subchapter, may be assessed a civil penalty by the Arkansas Pollution Control and Ecology Commission under administrative procedures and civil penalty rules of the commission.  (B) The civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation.  (C) Each day of a continuing violation may be considered a separate violation for purposes of civil penalty assessments.  (D) However, a civil penalty assessment shall not be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation under §§ 8-4-218, 8-4-219, and 8-4-221.      (c) A person is not liable for violating a provision of this subchapter or of any rule, permit, or order issued under this subchapter if the violation was caused solely by the acts or omissions of a third party.
AR Code § 8-7-308 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 3 - Arkansas Resource Reclamation Act of 1979|§ 8-7-308. Powers and duties generally

 The Division of Environmental Quality shall have the following powers and duties:   (1) To enter into such agreements or compacts between one (1) or more states or with the United States Government as may be necessary and appropriate to effectuate a program consistent with the purposes of this subchapter if these agreements or compacts first receive the approval of the Governor;  (2) To adopt such rules as may be necessary and appropriate to enforce within the state the terms of any interstate agreement or compact developed pursuant to the provisions of this subchapter;  (3) To promote the purposes of this subchapter and to effectuate and implement interstate agreements by imposing reasonable conditions on permits issued under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules promulgated under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.;  (4) To prohibit, by rule or by condition of permit, the disposal of any hazardous waste within the state unless the owner or custodian of the hazardous waste can demonstrate to the reasonable satisfaction of the Director of the Division of Environmental Quality that it is technically or economically infeasible for the hazardous waste to be treated;  (5) To issue, continue in effect, revoke, modify, or deny, under such terms as the division or the General Assembly may prescribe, permits for the establishment, construction, operation, or maintenance of hazardous waste treatment or disposal facilities;  (6) To adopt and enforce rules which would require the owners, operators, or other responsible parties of inactive or abandoned disposal sites to undertake such actions as are reasonable to prevent environmental contamination;  (7) To receive federal and private funds for the purpose of securing or reclaiming abandoned hazardous waste disposal sites in an environmentally safe manner; and  (8) To encourage and to participate in studies, projects, and agreements for the purpose of identifying and evaluating improvements in hazardous waste treatment and disposal techniques.
AR Code § 8-7-309 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 3 - Arkansas Resource Reclamation Act of 1979|§ 8-7-309. Appeals

 Appeal of the Arkansas Pollution Control and Ecology Commission's decision may be taken in accordance with the appellate procedure specified in §§ 8-4-222 — 8-4-229.
AR Code § 8-7-501 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-501. Title

 This subchapter may be known and may be cited as the “Remedial Action Trust Fund Act”.
AR Code § 8-7-504 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-504. Penalties

 (a)  (1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment.  (2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.    (b) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to:  (1) A civil penalty in such amount as the Director of the Division of Environmental Quality shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of the violation;  (2) The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and  (3) The payment to the state of reasonable compensation of any actual damage resulting therefrom.    (c) One-half (½) of the civil penalties provided for in subdivision (b)(1) of this section, but not to exceed five hundred thousand dollars ($500,000) in any one (1) calendar year and not to exceed four million dollars ($4,000,000) in the aggregate, may be deposited into the Remedial Action Account in the Construction Assistance Revolving Loan Fund established pursuant to § 15-5-901, if so authorized by the director, and such moneys shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions.
AR Code § 8-7-505 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-505. Unlawful acts

 It shall be unlawful for any person:   (1) To violate any provision of this subchapter or any rule adopted under this subchapter;  (2) To knowingly make a false statement, representation, or certification in any report or other document filed or required by this subchapter or the rules adopted pursuant to this subchapter; or  (3) To violate any order issued by the Division of Environmental Quality under this subchapter or any provision of such an order.
AR Code § 8-7-506 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-506. Rules — Administrative procedure

 The Arkansas Pollution Control and Ecology Commission shall adopt rules under this subchapter necessary to implement or effectuate the purposes and intent of this subchapter, including, but not limited to, rules affording any persons aggrieved by any order issued pursuant to this subchapter an opportunity for a hearing thereon and commission review of the action.
AR Code § 8-7-507 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-507. Compliance of federal and state entities

 Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the United States Government and the state government shall be subject to and comply with this subchapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under this section.
AR Code § 8-7-510 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-510. Federal actions or compensation not to be duplicated

 No actions taken pursuant to this subchapter by the Division of Environmental Quality shall duplicate federal actions, and no claims for the costs of response or other claims compensable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, shall be compensable under this subchapter.
AR Code § 8-7-511 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-511. Furnishing of information

 (a) For purposes of assisting in determining the need for remedial action in connection with a release or threat of release of hazardous substances under this subchapter or for enforcing the provisions of this subchapter, any person who stores, treats, or disposes of hazardous substances, or, if necessary to ascertain facts not available at the site or facility where the hazardous substances are stored, treated, or disposed of, any person who generates, transports, otherwise handles, or has handled hazardous substances shall, upon request of any officer or employee of the Division of Environmental Quality, furnish information relating to the hazardous substance and permit the person at all reasonable times to have access to and copy all records relating to the hazardous substances and to inspect and obtain samples of any such hazardous substances or other materials.  (b) However, any information which would constitute a trade secret under § 4-75-601 et seq., obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, the division, or any employees of the Department of Energy and Environment or the division, in the administration of this subchapter, except emission data, shall be kept confidential.  (c) Any violation of this section is a Class A misdemeanor.
AR Code § 8-7-513 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-513. Apportionment of costs

 (a)  (1) Any party found liable for any costs or expenditures recoverable under §§ 8-7-512, 8-7-514, 8-7-515, and 8-7-517 which establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to his or her actions shall be required to pay only for that portion.  (2) If the trier of fact finds the evidence insufficient to establish each party's portion of costs or expenditures, the court shall apportion the costs or expenditures, to the extent practicable, according to equitable principles, among the responsible parties.  (3) The Hazardous Substance Remedial Action Trust Fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section.    (b)  (1) In any action under this section, no responsible party shall be liable for more than that party's apportioned share of the amount expended from the fund for the hazardous substance site.  (2) The apportioned share shall be based on a responsible party's total volume of the hazardous substance at the hazardous substance site at the time of action taken under this subchapter.  (3) Any expenditures required by the provisions of this subchapter made by a responsible party, before or after suit, shall be credited toward any apportioned share.
AR Code § 8-7-514 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 7 - Hazardous Substances|Subchapter 5 - Remedial Action Trust Fund Act|§ 8-7-514. Recovery of expenditures generally

 (a) After an expenditure from the Hazardous Substance Remedial Action Trust Fund for a removal action or remedial action, the Division of Environmental Quality shall institute action to recover the expenditure from the person or persons liable for causing the release of the hazardous substance, including taking any appropriate legal action.  (b) Making use of any and all appropriate existing state legal remedies, the division or the Attorney General shall act to recover the amount expended by the state for any and all remedial action or removal actions from any and all parties identified as responsible parties for each hazardous substance.  (c) All moneys recovered from responsible parties pursuant to this section shall be deposited into the fund.