reglab/housing_qa huggingface dataset:
AR Code § 8-3-201 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 2 - State Emission Plans — Procedures — Approval|§ 8-3-201. Findings — Purpose

 (a) The General Assembly finds that:  (1) The United States Environmental Protection Agency has proposed emission guidelines for the regulation of carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d);  (2) The proposed guidelines will have a major impact on the economy of Arkansas by regulating how electricity is produced, transmitted, distributed, and consumed within the state;  (3) The United States Environmental Protection Agency requires states to take the lead role in the regulation of existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d), by developing state plans for the establishment and implementation of performance standards for reducing carbon dioxide emissions from fossil-fuel-fired electric generating units;  (4) The role of the United States Environmental Protection Agency is limited to establishing federal emission guidelines that assist the states in the development of their state plans to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units and, in establishing federal emission guidelines, the United States Environmental Protection Agency must defer to the states regarding methods for regulating fossil-fuel-fired electric generating units within their jurisdictions; and  (5) This subchapter expresses the intent of the General Assembly to exercise the powers of the General Assembly under Arkansas Constitution, Article 5, § 42, to:  (A) Review and approve state agency rules;  (B) Ensure that rules become effective only after review and approval by the legislative committee charged with review of the rules; and  (C) Review rules during the interim or a regular, special, or fiscal session of the General Assembly.      (b) The purpose of this subchapter is to ensure that:  (1) Before the submission of a state plan to the United States Environmental Protection Agency, the rules of the Arkansas Pollution Control and Ecology Commission that implement the state plan are reviewed and approved by the General Assembly through the Legislative Council consistent with Arkansas Constitution, Article 5, § 42, and any laws promulgated pursuant to Arkansas Constitution, Article 5, § 42; and  (2) The state plan is reviewed through a transparent public process that assesses the full impact of the state plan on rates, reliability, employment, and manufacturing greenhouse gas leakage.    (c) This subchapter does not create a private right of action for enforcement purposes.
AR Code § 8-3-202 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 2 - State Emission Plans — Procedures — Approval|§ 8-3-202. Definitions

 As used in this subchapter:   (1) “Covered electric generating unit” means an existing fossil-fuel-fired electric generating unit within the state that is subject to regulation under federal emission guidelines;  (2) “Federal emission guidelines” means a final rule, regulation, guideline, or other requirement that the United States Environmental Protection Agency may adopt for regulating carbon dioxide emissions from covered electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d); and  (3) “State plan” means a plan to establish and enforce carbon dioxide emission control measures that the Division of Environmental Quality may adopt to implement the obligations of the state under the federal emission guidelines.
AR Code § 8-3-203 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 2 - State Emission Plans — Procedures — Approval|§ 8-3-203. State plan preferred — State plan dependent on federal emission guidelines

 (a)  (1) This subchapter does not require the Division of Environmental Quality to develop a state plan to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d).  (2) However, submission of a state plan is the preferred method of compliance with federal emission guidelines.    (b)  (1) Notwithstanding approval by the Legislative Council of submission of a state plan to the United States Environmental Protection Agency or submission by the Governor of a state plan under § 8-3-207, further action by a state agency to implement or enforce a final, approved state plan is dependent upon the final adoption of the federal emission guidelines.  (2) If the federal emission guidelines are not adopted or are adopted and subsequently suspended or held to be contrary to law, a state agency shall suspend or terminate, as appropriate, further action to implement or enforce the state plan.
AR Code § 8-3-204 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 2 - State Emission Plans — Procedures — Approval|§ 8-3-204. Appeal of state plan — Adjudicatory process

 (a) If the Division of Environmental Quality proposes to finalize a state plan submittal for review and approval by the United States Environmental Protection Agency, the division shall comply with the procedural requirements for notice and public comment specified in § 8-4-317.  (b)  (1) Only a person or an organization that submits comments on the record during the public comment period has standing to appeal the final decision of the division to the Arkansas Pollution Control and Ecology Commission upon written application made within thirty (30) days after the service of notice made under § 8-4-317(b)(2)(A).  (2) An appeal under subdivision (b)(1) of this section shall be processed as a permit appeal under § 8-4-205.
AR Code § 8-3-206 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 2 - State Emission Plans — Procedures — Approval|§ 8-3-206. Submission of state plan

 (a) The Division of Environmental Quality shall not submit a state plan to the United States Environmental Protection Agency under § 8-3-207 if the state plan:  (1) Results in a significant rate increase annually for any rate class of the total delivered electricity cost per kilowatt hour or of the total natural gas cost per thousand cubic feet; or  (2) Results in unreasonable reliability risks.    (b) The division shall not submit a state plan to the United States Environmental Protection Agency until:  (1) The Legislative Council has approved the state plan under § 8-3-207(b); or  (2) The Governor directs the submission of a state plan under § 8-3-207(d).
AR Code § 8-3-207 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 2 - State Emission Plans — Procedures — Approval|§ 8-3-207. Procedures for approval of state plan

 (a) Before transmitting a state plan to the Governor for submission of the state plan to the United States Environmental Protection Agency, the Division of Environmental Quality shall transmit to the cochairs of the Legislative Council a copy of the state plan and the accompanying report developed under § 8-3-205.  (b)  (1) Upon receiving the state plan and the accompanying report transmitted under subsection (a) of this section and after sufficient time has been provided to assess the state plan and the accompanying report, the Legislative Council shall vote on approval of the state plan.  (2) An affirmative majority vote of the Legislative Council is required for approval of the state plan.    (c) If the Legislative Council fails to approve a state plan under subsection (b) of this section, the division may submit a revised version of the state plan, with an accompanying revised report, to the cochairs of the Legislative Council for approval under this section.  (d) Notwithstanding the provisions of this subchapter, in the absence of legislative approval under subsection (b) of this section, the Governor may direct the submission of a state plan to the United States Environmental Protection Agency if, in his or her judgment:  (1) Sufficient time has passed for the Legislative Council to consider a state plan submitted by the division for legislative approval;  (2) Further delay would result in the failure to submit a state plan by the relevant deadline for submission; and  (3) Failure to submit a state plan would likely result in the imposition of a federal implementation plan.    (e) This subchapter does not eliminate the requirement of legislative approval of rules promulgated to implement or enforce the state plan subsequently to gubernatorial action under subsection (d) of this section.
AR Code § 8-3-208 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 2 - State Emission Plans — Procedures — Approval|§ 8-3-208. Feasibility study

 If a state plan approved under this subchapter would result in a significant increase in the total electric or natural gas bill annually for any customer class as determined by the Arkansas Public Service Commission, the Division of Environmental Quality shall prepare a feasibility study to determine whether:   (1) An alternative approach is consistent with the Clean Air Act, 42 U.S.C. § 7401 et seq.; or  (2) The pursuit of implementing an alternative approach is likely to result in the imposition of a federal plan.
AR Code § 8-3-209 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 3 - Water and Air Pollution Generally|Subchapter 2 - State Emission Plans — Procedures — Approval|§ 8-3-209. Waiver of review and approval procedures for emissions plans

 (a) The Division of Environmental Quality may seek a waiver of review and approval procedures for emissions plans from the Legislative Council if the division determines that final federal emission guidelines do not require any one (1) or more of the following:  (1) Shifting generation from electric generating units powered by one fuel type to another fuel type;  (2) Closing any fossil fuel-fired electric generating unit; or  (3) Imposing a statewide greenhouse gas goal or other statewide greenhouse gas emissions limitation.    (b) A request to the Legislative Council under subsection (a) of this section shall include an explanation of how the final emission guidelines for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411, do not require any of the factors in subsection (a) of this section.  (c) The division shall not seek a waiver under subsection (a) of this section until the United States Environmental Protection Agency promulgates emission guidelines for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d).  (d) An affirmative majority vote of the Legislative Council is required to grant a waiver of review and approval procedures for a state plan.  (e) If the Legislative Council grants a waiver under this section, then all requirements in §§ 8-3-203 and 8-3-205 — 8-3-207 are waived.  (f) If the Legislative Council grants a waiver under this section, the division may submit a state plan to the United States Environmental Protection Agency.
AR Code § 8-4-101 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 1 - General Provisions|§ 8-4-101. Title

 This chapter may be cited as the “Arkansas Water and Air Pollution Control Act”.
AR Code § 8-4-102 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 1 - General Provisions|§ 8-4-102. Definitions

 As used in this chapter:   (1) “Any wastes” and “pollutants” include sewage, industrial wastes, or other wastes;  (2) “Discharge into the waters of the state” means a discharge of any wastes in any manner that directly or indirectly permits such wastes to reach any of the waters of the state;  (3) “Disposal system” means a system for disposing of sewage, industrial waste, and other wastes and includes sewer systems and treatment works;  (4) “Industrial waste” means any liquid, gaseous, or solid waste substance resulting from any process of industry, mining, manufacturing, trade, or business or from the development of any natural resources;  (5) “Other wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, oil, tar chemicals, and all other organic or inorganic substances, not including sewage or industrial waste that may be discharged into the waters of the state;  (6) “Person” means any state agency, municipality, governmental subdivision of the state or the United States, public or private corporation, individual, partnership, association, or other entity;  (7) “Pollution” means such contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, or such discharge of any liquid, gaseous, or solid substance in any waters of the state as will, or is likely to, render the waters harmful, detrimental, or injurious to public health, safety, or welfare, to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life;  (8) “Sewage” means the water-carried waste products from residences, public buildings, institutions, or other buildings, including the excrementitious or other discharge from the bodies of humans or animals, together with such groundwater infiltration and surface water as may be present;  (9) “Sewer system” means pipelines or conduits, pumping stations, and force mains, and all other constructions, devices, and appliances appurtenant thereto, which are used for conducting sewage or industrial waste or other wastes to a point of disposal;  (10) “Treatment works” means any plant, disposal field, lagoon, dam, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary landfills, or other works not specifically mentioned in this section, which is installed for the purpose of treating, stabilizing, or disposing of sewage, industrial waste, or other wastes; and  (11) “Waters of the state” means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion of the state.
AR Code § 8-4-106 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 1 - General Provisions|§ 8-4-106. Technical and other services and public assistance

 (a) Technical, scientific, legal, or other services may be performed, insofar as practicable, by personnel of other state agencies and educational institutions and the Attorney General. However, the personnel of these state agencies shall receive no additional salary or wages for their services to the Division of Environmental Quality.  (b) The Director of the Division of Environmental Quality, however, may employ and compensate, within appropriations available, consultants and such assistants and employees as may be necessary to carry out the provisions of this chapter and prescribe their powers and duties.
AR Code § 8-4-107 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 1 - General Provisions|§ 8-4-107. Prosecution of public nuisance actions

 In any legal action arising from, relating to, or including violations of laws or rules charged to the enforcement authority of the Division of Environmental Quality that also alleges the existence of a public nuisance at common law, the Attorney General or the division may serve as the instrumentality of the state authorized to initiate and prosecute such action.
AR Code § 8-4-204 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-204. Permits — Revocation

 The Division of Environmental Quality or its successor is given and charged with the power and duty to revoke, modify, or suspend, in whole or in part, for cause any permit issued under this chapter, including without limitation:   (1) Violation of any condition of the permit;  (2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or  (3) A change in any applicable regulation or a change in any preexisting condition affecting the nature of the discharge that requires either a temporary or permanent reduction or elimination of the permitted discharge.
AR Code § 8-4-206 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-206. State water pollution control agency — General authority

 (a) In addition to any other powers which it may have under this chapter or any other legislative act, the Division of Environmental Quality is authorized and empowered to act as the “state water pollution control agency” for the State of Arkansas for the purposes of the Federal Water Pollution Control Act Amendments of 1972.  (b) As the state water pollution control agency, the division may, among other things, approve projects for the construction of disposal systems for the purposes of loans and grants from the United States Environmental Protection Agency or any other federal agency and may take any other action necessary or appropriate to secure for the state the benefits of the Federal Water Pollution Control Act, as amended.
AR Code § 8-4-208 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-208. State water pollution control agency — Administration of permit program generally

 (a) The Division of Environmental Quality is authorized, subject to the approval of the Governor, to administer on behalf of the state its own permit program for discharges into navigable waters within its jurisdiction in lieu of that of the United States Environmental Protection Agency. The division is also authorized to submit to the Administrator of the United States Environmental Protection Agency for approval a full and complete description of the program which the division proposes to establish and administer under state law, as provided by § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b). To that end, the division and the Arkansas Pollution Control and Ecology Commission are vested with all necessary authority and power to meet the requirements of § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b), and the guidelines promulgated by the United States Environmental Protection Agency pursuant to § 304(h)(2) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1314(h), to engage in an approved continuing planning process under § 303(e) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1313(e), and to perform any and all acts necessary to carry out the purposes and requirements of the Federal Water Pollution Control Act Amendments of 1972 relating to this state's participation in the National Pollutant Discharge Elimination System established under the Federal Water Pollution Control Act Amendments of 1972, subject to all restrictions contained in the Federal Water Pollution Control Act Amendments of 1972 and guidelines.  (b) The division shall further have the authority to accept a delegation of authority from the Administrator of the United States Environmental Protection Agency under the Federal Water Pollution Control Act Amendments of 1972 and to exercise and enforce the authority delegated.  (c) Any public hearing that may be held by the Director of the Division of Environmental Quality preliminary to acting on a permit application as required by the Federal Water Pollution Control Act Amendments of 1972 and guidelines, unless otherwise designated in the notice of hearing, shall be for informational purposes only and shall not be deemed a hearing before the commission within the meaning of § 8-4-205. No appeal may be taken therefrom.
AR Code § 8-4-209 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-209. State water pollution control agency — Participation of certain persons prohibited in approval of permit applications

 Any provision of state law to the contrary notwithstanding, no member of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission or other state agency who receives or has during the previous two (2) years received a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit shall participate in the approval of the National Pollutant Discharge Elimination System permit applications or portions thereof.
AR Code § 8-4-210 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-210. Investigations and hearings generally

 (a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to conduct such investigations and hold such hearings as it may deem advisable and necessary for the discharge of its duties under this chapter and to authorize any member, employee, or agent appointed by it to conduct such investigations or hold such hearings.  (b) In any such hearing or investigation, any member of the commission or any employee or agent thereto authorized by the commission may administer oaths, examine witnesses, and issue, in the name of the commission, subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing or investigation.  (c) Witnesses shall receive the same fees and mileage as in civil actions, to be paid out of funds appropriated to the commission.  (d)  (1) In case of contumacy or refusal to obey a subpoena issued under this section or refusal to testify, the circuit court of the county where the proceeding is pending or in which the person guilty of the contumacy or refusal to obey is found or resides shall have jurisdiction, upon application of the commission or its authorized member, employee, agent, or administrative law judge, to issue to the person an order requiring him or her to appear and testify or produce evidence, as the case may require.  (2) A failure to obey the order of the court may be punished by the court as contempt.    (e) In accordance with the powers set forth in subsections (a)-(d) of this section, the commission is authorized to conduct adjudicatory hearings providing an aggrieved person with standing a forum for contesting any decision of the Division of Environmental Quality. For the purposes of such hearings, the commission's jurisdiction shall be construed as including all regulatory programs vested with the division.
AR Code § 8-4-211 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 4 - Arkansas Water and Air Pollution Control Act|Subchapter 2 - Water Pollution|§ 8-4-211. Declaratory orders

 (a) Any permittee or person subject to regulation may petition the Arkansas Pollution Control and Ecology Commission for a declaratory order as to the application of any rule, statute, permit, or order enforced by the Division of Environmental Quality or the commission.  (b) Such petitions shall be processed for adjudicatory review in the same manner as appeals under the procedures prescribed by §§ 8-1-203, 8-4-205, 8-4-212, and 8-4-218 — 8-4-229.