reglab/housing_qa huggingface dataset:
AR Code § 8-1-302 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-302. Definitions

 As used in this subchapter:   (1) “Commission” means the Arkansas Pollution Control and Ecology Commission;  (2) [Repealed.]  (3)  (A) “Environmental audit” means a voluntary, internal, and comprehensive evaluation of one (1) or more facilities or an activity at one (1) or more facilities regulated under this chapter, or federal, regional, or local counterparts or extensions thereof, or of management systems related to that facility or activity, that is designed to identify and prevent noncompliance and to improve compliance with statutory or regulatory requirements.  (B) An environmental audit may be conducted by the owner or operator, by the owner's or operator's employees, or by independent contractors; and    (4) “Environmental audit report” means a set of documents prepared as a result of an environmental audit, and labeled “ENVIRONMENTAL AUDIT REPORT: PRIVILEGED DOCUMENT”, that may include:  (A) Field notes, records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically recorded information, maps, charts, graphs, and surveys collected or developed for the primary purpose of preparing an environmental audit;  (B) An audit report prepared by the auditor that includes:  (i) The scope of the audit;  (ii) The information gained in the audit;  (iii) Conclusions and recommendations; and  (iv) Exhibits and appendices;    (C) Memoranda and documents analyzing a portion of or all of the audit report and discussing implementation issues; and  (D) An implementation plan that addresses correcting past compliance, improving current compliance, and preventing future noncompliance.
AR Code § 8-1-303 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-303. Privilege

 (a) In order to encourage owners and operators of facilities and persons conducting other activities regulated under this chapter or its federal counterparts or extensions, both to conduct voluntary internal environmental audits of their compliance programs and management systems and to assess and improve compliance with statutory and regulatory requirements, an environmental audit privilege is created to protect the confidentiality of communications relating to voluntary internal environmental audits.  (b) An environmental audit report shall be privileged and shall not be admissible as evidence in any civil or administrative legal action, including enforcement actions.
AR Code § 8-1-304 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-304. Waiver

 (a) The privilege described in § 8-1-303 does not apply to the extent that:  (1) It is waived expressly by the owner or operator of the facility that prepared or caused to be prepared the environmental audit report;  (2) The owner or operator of a facility or person conducting an activity seeks to introduce an environmental audit report as evidence; and  (3) The owner or operator of a facility authorizes the disclosure of the environmental audit report to any party, except when:  (A) Disclosure is made under the terms of a confidentiality agreement between the owner or operator of a facility and:  (i) A potential purchaser of the facility; or  (ii) A customer, lending institution, or insurance company with an existing or proposed relationship with the facility;    (B) Disclosure is made under the terms of a confidentiality agreement between government officials and the owner or operator of a facility; or  (C) Disclosure is made to an independent contractor retained by the owner or operator of the facility for the purpose of identifying noncompliance with statutory or regulatory requirements and assisting the owner or operator in achieving compliance with reasonable diligence.      (b) The waiver of the privilege described in § 8-1-303 may be for part or all of the environmental audit report, and the waiver of privilege extends only to that part of the environmental audit report expressly waived by the owner or operator of a facility.
AR Code § 8-1-305 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-305. Exceptions

 The privilege described in § 8-1-303 does not apply to the following:   (1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to the public or a regulatory agency under:  (A) Federal or state law or extensions thereof;  (B) A rule or standard adopted by the Arkansas Pollution Control and Ecology Commission;  (C) A determination, a permit, or an order made or issued by the commission or the Director of the Division of Environmental Quality; or  (D) Any other federal, state, or local law, permit, or order;    (2) Information obtained by observation, sampling, or monitoring by any regulatory agency; and  (3) Information obtained from a source independent of the environmental audit.
AR Code § 8-1-306 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-306. Stipulation

 The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under § 8-1-303.
AR Code § 8-1-307 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-307. Disclosure in civil or administrative proceeding

 (a) In a civil or administrative proceeding, a court of record or administrative tribunal, after an in-camera review, shall require disclosure of material for which the privilege described in § 8-1-303 is asserted if the court or administrative tribunal determines one (1) of the following:  (1) The privilege is asserted for a fraudulent purpose;  (2) The material is not subject to the privilege;  (3) The material is subject to the privilege and the material shows evidence of noncompliance with:  (A) Federal or state law or extensions of such statutes;  (B) Any rule adopted by the Arkansas Pollution Control and Ecology Commission; or  (C) A determination, permit, or order issued by the commission or the Director of the Division of Environmental Quality; and    (4) The person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence.    (b)  (1) If the noncompliance described in subdivision (a)(3) of this section constitutes a failure to obtain a required permit, the person is deemed to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance.  (2)  (A) In the event additional time is required to prepare a permit application, the person shall, within ninety (90) days, submit a schedule to the Division of Environmental Quality that identifies the activities required to complete the application, and, if the schedule is acceptable to the division, the filing of the application pursuant to the submitted schedule shall constitute reasonable diligence to achieve compliance for a failure to obtain a required permit.  (B) Nothing in this section authorizes a facility to operate without the proper permit having been issued.
AR Code § 8-1-309 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-309. Audit privilege reserved for administrative or civil proceedings

 The privilege created by § 8-1-303 does not apply to criminal investigations or proceedings. When an environmental audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by § 8-1-303 applicable to administrative or civil proceedings is not waived or eliminated.
AR Code § 8-1-310 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-310. Burden of proof

 (a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence.  (b) A party seeking disclosure under § 8-1-307 has the burden of proving the privilege is asserted for a fraudulent purpose.
AR Code § 8-1-311 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-311. Partial disclosure

 Upon making a determination under § 8-1-307, the court of record or administrative tribunal may compel disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding.
AR Code § 8-1-312 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 1 - General Provisions|Subchapter 3 - Environmental Audit Reports|§ 8-1-312. Scope

 Nothing in this subchapter may limit, waive, or abrogate:   (1) The scope of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege; or  (2) The rights of the public as provided in the Freedom of Information Act of 1967, § 25-19-101 et seq.
AR Code § 8-2-201 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 2 - Environmental Testing|Subchapter 2 - Environmental Laboratory Accreditation Program Act|§ 8-2-201. Title

 This subchapter may be called the “Environmental Laboratory Accreditation Program Act”.
AR Code § 8-2-202 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 2 - Environmental Testing|Subchapter 2 - Environmental Laboratory Accreditation Program Act|§ 8-2-202. Purpose

 This subchapter authorizes the Division of Environmental Quality to establish and administer an environmental laboratory accreditation program so that laboratories that submit data and analyses to the division may be accredited by the division as having demonstrated acceptable compliance with laboratory standards so that the validity of scientific data submitted to the division may be further assured.
AR Code § 8-2-203 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 2 - Environmental Testing|Subchapter 2 - Environmental Laboratory Accreditation Program Act|§ 8-2-203. Definitions

 As used in this subchapter:   (1) “Acceptable results” means results within limits determined on the basis of statistical procedures as prescribed by the Division of Environmental Quality;  (2) “Accreditation” means the process by which the division recognizes a laboratory as meeting certain predetermined qualifications or standards, thereby accrediting the laboratory;  (3) “Analyte” means the characteristics of a laboratory sample determined by an analytical laboratory testing procedure;  (4) “Certificate” means a document issued by the division showing the analytes for which a laboratory has received accreditation;  (5)  (A) “Consulting laboratory” means a laboratory that performs analyses for any person other than itself.  (B) “Consulting laboratory” does not include a laboratory that is wholly owned by the person for whom the analyses are performed;    (6) “Evaluation” means a review of the quality control and quality assurance procedures, recordkeeping, reporting procedures, methodology, and analytical techniques of a laboratory for measuring or establishing specific analytes;  (7)  (A) “Laboratory” means any facility that performs analyses to determine the chemical, physical, or biological properties of air, water, solid waste, hazardous waste, wastewater, or soil or subsoil materials or that performs any other analyses related to environmental quality evaluations required by the division or which will be submitted to the division.  (B) “Laboratory” does not include evaluations to determine the engineering properties related to soil mechanics;    (8)  (A) “Matrix” means the components of a sample other than the one (1) or more analyte of interest.  (B) “Matrix” includes without limitation nonpotable water, soil, or oil;    (9) “Method” means procedures and techniques for performing an activity systematically presented in the order in which the procedures and techniques are to be executed;  (10) “Person” means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, municipal, state, or federal government or agency, or any other legal entity, however organized; and  (11) “Proficiency test sample” means a sample of composition that is unknown to the laboratory and is provided to test whether the laboratory can produce analytical results within the specified acceptance criteria.
AR Code § 8-2-204 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 2 - Environmental Testing|Subchapter 2 - Environmental Laboratory Accreditation Program Act|§ 8-2-204. Powers and duties of division and commission

 (a) The Division of Environmental Quality shall have the following powers and duties under this subchapter:  (1) To establish and administer the Environmental Laboratory Accreditation Program for laboratories applying for accreditation by the division;  (2) To enforce the provisions of this subchapter and all laws, rules, and federal regulations relating to the program and to environmental testing;  (3) To issue, deny, revoke, or suspend the accreditation of a laboratory for cause; and  (4) To refuse to accept analytical results from a laboratory when the division reasonably determines that the results do not meet reasonable criteria for validation, regardless of whether the laboratory is accredited.    (b) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties under this subchapter:  (1) To establish by rule reasonable fees for the accreditation procedures under this subchapter and to cover the expenses of administering the program; and  (2) To promulgate necessary rules to effect the purpose and administration of the program, including without limitation, provisions governing accreditation, modification, and renewal of accreditation and reaccreditation after revocation.
AR Code § 8-2-205 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 2 - Environmental Testing|Subchapter 2 - Environmental Laboratory Accreditation Program Act|§ 8-2-205. Procedure for issuance of rules, appeals, hearings, etc

 (a) Any person that violates any provision of this subchapter or of any rule or order issued pursuant to this subchapter or that commits an unlawful act under this subchapter shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Water Air Pollution Control Act, § 8-4-101 et seq.  (b) Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of any rules, conduct of hearings, notice, review of actions on certificates, right of appeal, presumptions, finality of actions, and related matters shall be as provided in Part I of the Arkansas Water and Air Pollution Control Act, §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, including without limitation, §§ 8-4-202, 8-4-205 — 8-4-210, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229.
AR Code § 8-2-206 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 2 - Environmental Testing|Subchapter 2 - Environmental Laboratory Accreditation Program Act|§ 8-2-206. Accreditation — Criteria and procedure

 (a)  (1)  (A)  (i) All consulting laboratories performing analyses for which results are to be submitted to the Division of Environmental Quality shall obtain a laboratory accreditation under this subchapter.  (ii) An analyte, method, or matrix for which the Environmental Laboratory Accreditation Program does not provide accreditation shall be evaluated by the division for acceptance.    (B) The division, in its sole discretion, may refuse to accept results of analyses performed by a consulting laboratory that does not hold a laboratory accreditation under the program for the reason that the laboratory is not accredited.    (2) Accreditation for laboratories other than consulting laboratories shall not be mandatory.    (b) Applications for accreditation shall be made in the form and manner established by the division.  (c) Upon receipt of an application for accreditation, the division shall evaluate and act upon the application in accordance with the following procedures and criteria:  (1)  (A) The laboratory must successfully complete an evaluation.  (B) The division shall establish evaluation criteria on proper analytical techniques, quality assurance, recordkeeping, and reporting methods and procedures and facilities, equipment, and personnel requirements; and    (2) The laboratory must submit to the division acceptable results from its analysis of proficiency test samples for the specific analytes, methods, and matrices selected for accreditation.    (d) Upon completion of the laboratory evaluation and the review of the proficiency test sample results, the division shall notify the laboratory of its determination to award or deny accreditation.  (e)  (1) If the adequacy of the laboratory's capability and its recordkeeping have been sufficiently established to the satisfaction of the division, a certificate will be issued to the laboratory for the evaluated categories of analytes, methods, and matrices.  (2) If accreditation is denied, the division shall set forth, in writing, the reasons for denial.
AR Code § 8-2-207 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 2 - Environmental Testing|Subchapter 2 - Environmental Laboratory Accreditation Program Act|§ 8-2-207. Accreditation — Duration — Renewal

 (a) A certificate of accreditation shall be effective for a period of one (1) year from the date of issuance, after which time the accreditation will lapse.  (b) Accreditation may be renewed for additional periods of one (1) year's duration upon application for renewal made to the Division of Environmental Quality.
AR Code § 8-2-208 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 2 - Environmental Testing|Subchapter 2 - Environmental Laboratory Accreditation Program Act|§ 8-2-208. Accreditation — Revocation

 (a) After a laboratory is accredited, the laboratory's accreditation may be revoked or suspended by the Division of Environmental Quality for:  (1) Knowingly falsifying any data submitted to the division or any data related to laboratory analysis;  (2) Knowingly making any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis;  (3) Knowingly misrepresenting procedures or documentation used in sampling or laboratory analysis;  (4) Failing to comply with any one (1) or more of the following requirements under which the accreditation was issued:  (A) Methods or procedures pertaining to analytical techniques, quality assurance, recordkeeping, or reporting methods; or  (B) Facility, equipment, or personnel requirements; or    (5) Failing to achieve acceptable results for specific analytes, methods, or matrices for which it has been accredited.    (b) It shall be unlawful for any person:  (1) To knowingly falsify any data submitted to the division or any data related to laboratory analysis;  (2) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis;  (3) To knowingly misrepresent sampling procedures or methods used in laboratory analysis;  (4) To knowingly render inaccurate any accreditation issued under this subchapter; or  (5) To knowingly represent that a person is accredited when that person is not accredited.
AR Code § 8-2-209 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 2 - Environmental Testing|Subchapter 2 - Environmental Laboratory Accreditation Program Act|§ 8-2-209. Fees

 (a)  (1) The Division of Environmental Quality may assess and collect reasonable fees from participating laboratories for the administrative costs of the Environmental Laboratory Accreditation Program.  (2) The costs shall include without limitation, the expense of conducting evaluations.    (b) Fees may be assessed at the time of initial application, renewal application, application for modification, or at the time a certificate is awarded.  (c) Following a public hearing and based upon a record calculating the reasonable administrative costs of conducting accreditation procedures under this subchapter and costs of enforcing the terms and conditions of accreditations, the Arkansas Pollution Control and Ecology Commission may establish reasonable fees for initial issuance, annual review, and modification of accreditations authorized by this subchapter.
AR Code § 8-3-101 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 1 - General Provisions|§ 8-3-101. Designation of air quality areas

 No area within Arkansas shall be redesignated by the state for the purposes of permitting under the Prevention of Significant Deterioration (PSD) of air quality requirements except by an act of the General Assembly.
AR Code § 8-3-102 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 1 - General Provisions|§ 8-3-102. Ambient air quality standards — Hydrogen sulfide

 (a) After review of scientific literature and similar standards in other states, the Arkansas Pollution Control and Ecology Commission shall promulgate, through procedures set out in § 8-4-202, ambient air quality standards or other appropriate regulatory controls that will protect the public health and the environment from the emission of hydrogen sulfide.  (b)  (1) Before the commission proposes an ambient standard or regulatory mechanism concerning hydrogen sulfide that will result in more stringent or restrictive control provisions than are currently provided by Division of Environmental Quality permitting practices, the commission shall direct the division to prepare, with the assistance and cooperation of state agencies with appropriate expertise, an economic impact and environmental benefit analysis justifying more stringent or restrictive operating conditions.  (2) The economic impact and environmental benefit analysis shall include without limitation the:  (A) Benefit to the public health;  (B) Preservation of environmental quality; and  (C) Cost to the regulated community and the division.    (3) The conclusions of an economic impact and environmental benefit analysis shall be included in any public notice of the proposed rulemaking and shall be subject to public comment.