reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 2 - STATE EMISSION PLANS - PROCEDURES - APPROVAL (§§ 8-3-201 — 8-3-209) › Section 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)
.
Amended by Act 2019, No. 910,§ 2462, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2461, eff. 7/1/2019.
Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 2 - STATE EMISSION PLANS - PROCEDURES - APPROVAL (§§ 8-3-201 — 8-3-209) › Section 8-3-207 - Procedures for approval of state plan

(a)
After the conclusion of the public comment period under §
8-4-317
and 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 reports 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 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.
Amended by Act 2021, No. 639,§ 4, eff. 7/28/2021.
Amended by Act 2021, No. 639,§ 3, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 448, eff. 7/24/2019.
Amended by Act 2019, No. 934,§ 4, eff. 7/24/2019.
Amended by Act 2019, No. 934,§ 3, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2465, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2464, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2463, eff. 7/1/2019.
Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 2 - STATE EMISSION PLANS - PROCEDURES - APPROVAL (§§ 8-3-201 — 8-3-209) › Section 8-3-208 - Rate and reliability safety valve

(a)
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 initiate development of a revised state plan that reduces the financial impacts to any customer class as determined under §
8-3-205
in accordance with the procedures outlined in §
8-4-317
.
(b)
The state plan previously approved by the United States Environmental Protection Agency shall remain in effect while the revised state plan required under subsection (a) of this section is being developed, approved by the Legislative Council, and submitted by the Governor to the United States Environmental Protection Agency and until the revised state plan is approved by the United States Environmental Protection Agency.
Amended by Act 2021, No. 639,§ 5, eff. 7/28/2021.
Amended by Act 2019, No. 934,§ 5, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2466, eff. 7/1/2019.
Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 2 - STATE EMISSION PLANS - PROCEDURES - APPROVAL (§§ 8-3-201 — 8-3-209) › Section 8-3-209 - [Repealed]

Repealed by Act 2021, No. 639,§ 6, eff. 7/28/2021.
Added by Act 2019, No. 934,§ 6, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-4-101 — 8-4-107) › Section 8-4-101 - Title

This chapter may be cited as the "Arkansas Water and Air Pollution Control Act".
Acts 1949, No. 472 [Part 1], § 11; 1965, No. 183, § 5; A.S.A. 1947, § 82-1901.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-4-101 — 8-4-107) › Section 8-4-105 - [Repealed]

Repealed by Act 2019, No. 910,§ 2477, eff. 7/1/2019.
Acts 1949, No. 472 [Part 1], § 2; 1963, No. 503, § 1; 1973, No. 262, § 2; A.S.A. 1947, § 82-1903; Acts 1991, No. 744, § 2; 1999, No. 1164, § 16.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-4-101 — 8-4-107) › Section 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.
Amended by Act 2019, No. 910,§ 2478, eff. 7/1/2019.
Acts 1949, No. 472 [Part 1], § 2; 1963, No. 503, § 1; 1965, No. 183, § 3; 1973, No. 262, § 3; A.S.A. 1947, § 82-1903; Acts 1991, No. 744, § 3; 1999, No. 1164, § 17.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-4-101 — 8-4-107) › Section 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.
Amended by Act 2019, No. 315,§ 456, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2479, eff. 7/1/2019.
Acts 1991, No. 516, § 4; 1999, No. 1164, § 18.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 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.
Amended by Act 2019, No. 910,§ 2488, eff. 7/1/2019.
Acts 1949, No. 472, [Part 1], § 3; 1975, No. 743, § 4; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 14; 1993, No. 165, § 14; 1997, No. 1219, § 5; 1999, No. 1164, § 21.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 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.
Amended by Act 2019, No. 910,§ 2491, eff. 7/1/2019.
Acts 1949, No. 472, [Part 1], § 3; Acts 1973, No. 262, § 5; 1975, No. 743, § 5; A.S.A. 1947, § 82-1904; Acts 1999, No. 1164, § 23.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 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.
Amended by Act 2019, No. 910,§ 2497, eff. 7/1/2019.
Acts 1949, No. 472, [Part 1], § 2; 1975, No. 743, § 5; A.S.A. 1947, § 82-1904.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 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.
Amended by Act 2019, No. 910,§ 2498, eff. 7/1/2019.
Amended by Act 2015, No. 838,§ 5, eff. 7/22/2015.
Acts 1949, No. 472, [Part 1], § 3; A.S.A. 1947, § 82-1904; Acts 1997, No. 1219, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 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
.
Amended by Act 2019, No. 910,§ 2499, eff. 7/1/2019.
Acts 1949, No. 472, [Part 1], § 3; 1961, No. 120, § 3; A.S.A. 1947, § 82-1904; Acts 1995, No. 384, § 4; 1997, No. 1219, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-212 - Adjudicatory hearings and orders

(a)
No final order resolving a contested decision of the Division of Environmental Quality shall be issued until the Arkansas Pollution Control and Ecology Commission has provided aggrieved persons that have standing the opportunity for an adjudicatory hearing upon the matter.
(b)
Any person that will be directly affected by the order shall have the right to be heard at the hearing, to submit evidence, and to be represented by counsel.
(c)
Written notice specifying the time and place of the hearing shall be served by the commission in the manner provided by §
8-4-214
upon all persons known by it to be directly affected by the order, not less than ten (10) days before the date of the hearing.
(d)
A copy of any order issued by the commission after the hearing shall also be served upon the persons.
Amended by Act 2019, No. 910,§ 2500, eff. 7/1/2019.
Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-213 - Conclusiveness of commission actions

(a)
If no appeal is taken from an order, a rule, or other decision of the Arkansas Pollution Control and Ecology Commission as provided in §§
8-4-222
-
8-4-229
, or if the action of the commission is affirmed on appeal, then the action of the commission in the matter shall be deemed conclusive, and the validity and reasonableness thereof shall not be questioned in any other action or proceeding.
(b)
However, this section shall not preclude the authority of the commission to modify or rescind its actions.
Amended by Act 2019, No. 315,§ 474, eff. 7/24/2019.
Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 18; 1993, No. 165, § 18.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-214 - Service of notice, orders, etc

(a)
Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the Arkansas Pollution Control and Ecology Commission may be served upon any person affected thereby, personally or by publication. Proof of the service may be made in like manner as in the case of service of a summons in a civil action, with the proof to be filed in the office of the commission.
(b)
(1)
Service may be had by mailing a copy of the notice, order, or other instrument, by certified mail, directed to the person affected at his or her last known post office address as shown by the files or records of the commission. Proof of the mailing may be made by the affidavit of the person that did the mailing, filed in the office of the commission.
(2)
Service by publication shall be accomplished by one (1) insertion in a newspaper of general circulation in the area affected.
(c)
Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts therein stated, and a certified copy thereof shall have like force and effect.
Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-215 - Intergovernmental cooperation

(a)
The Division of Environmental Quality or its successor and the Arkansas Pollution Control and Ecology Commission, so far as it is not inconsistent with its duties under the laws of this state, may assist and cooperate with any agency of another state or the United States in any matter relating to water pollution control.
(b)
(1)
The commission or the division may receive and accept money, property, or services from any person or from any agency described in subsection (a) of this section or from any other source for any water pollution control purpose within the scope of its functions under this chapter.
(2)
All moneys so received shall be used for the operation and activities of the commission or division and for no other purposes.
(c)
(1)
The division or its successor may enter into agreements with the responsible authorities of the United States or other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed to control pollution of any interstate waters and may carry out these agreements by appropriate general and special orders.
(2)
(A)
This power shall not be deemed to extend to the modification of any agreement with any other state concluded by direct legislative act.
(B)
However, unless otherwise provided, the division shall be the agency for the administration and enforcement of any such legislative agreement.
Amended by Act 2019, No. 910,§ 2501, eff. 7/1/2019.
Acts 1949, No. 472, [Part 1], § 6; 1973, No. 262, § 8; A.S.A. 1947, § 82-1907; Acts 1997, No. 1219, § 5; 1999, No. 1164, § 26.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-216 - Information and inspections

(a)
The owner or operator of or any contributor of sewage, industrial wastes, or other wastes to any disposal system or an industrial user of a publicly owned treatment system, when requested by the Director of the Division of Environmental Quality, shall furnish to the Division of Environmental Quality any information that is relevant to the subject of this chapter. The owner or operator shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, including, when appropriate, biological monitoring methods, sample such effluents, and provide such other information as the director may reasonably require.
(b)
The division or any authorized employee or agent of the division may examine and copy any book, papers, records, or memoranda pertaining to the operation of a disposal system.
(c)
Whenever it shall be necessary for the purpose of this chapter, the division or any authorized member, employee, or agent of the division may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations.
Amended by Act 2019, No. 910,§ 2502, eff. 7/1/2019.
Acts 1949, No. 472, [Part 1], § 4; 1973, No. 262, § 6; 1975, No. 743, § 6; A.S.A. 1947, § 82-1905; Acts 1999, No. 1164, § 27.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-218 - Violations of chapter, orders, rules, etc. - Hearings - Notice

(a)
Whenever the Division of Environmental Quality or its successor determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or any order or rule of the Arkansas Pollution Control and Ecology Commission, it may give written notice to the alleged violator specifying the causes of complaint.
(b)
The notice shall require that the matters that are the causes of complaint be corrected or that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges that are the causes of complaint.
(c)
The notice shall be served upon the alleged violator in accordance with the provisions of §
8-4-214
not less than ten (10) days before the time set for the hearing.
Amended by Act 2019, No. 315,§ 476, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2507, eff. 7/1/2019.
Amended by Act 2013, No. 1127,§ 3, eff. 8/16/2013.
Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5; 1999, No. 1164, § 28.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-219 - Violations of chapter, orders, rules, etc. - Hearings - Conduct

(a)
The Arkansas Pollution Control and Ecology Commission shall afford an opportunity for a fair hearing to the alleged violator at the time and place specified in the notice or any modification of the notice.
(b)
A hearing may be conducted by the commission or its administrative law judge, who shall have the power and authority to conduct hearings in the name of the commission at any time and place.
(c)
A record or summary of the proceedings of the hearings shall be taken and filed at the office of the commission.
Amended by Act 2015, No. 838,§ 6, eff. 7/22/2015.
Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-220 - Violation of chapter, orders, rules, etc. - Order of division without hearing

(a)
When the Division of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health or welfare it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as it deems necessary to meet the emergency.
(b)
Notwithstanding the provisions of §§
8-4-218
and
8-4-219
, the order shall be effective immediately.
(c)
Any person to which the order is directed shall comply immediately but, on application to the Arkansas Pollution Control and Ecology Commission, shall be afforded a hearing within ten (10) days after receipt of a written request therefor.
(d)
On the basis of the hearing, the commission shall continue the order in effect, revoke it, or modify it.
Amended by Act 2019, No. 910,§ 2508, eff. 7/1/2019.
Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5; 1999, No. 1164, § 29.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-221 - Violations of chapter, orders, rules, etc. - Hearing - Orders

On the basis of the evidence produced at the hearing, the Arkansas Pollution Control and Ecology Commission shall enter such order as in its opinion will best further the purposes of this chapter. A copy of the order shall be served upon the alleged violator and on such other persons as shall have appeared at the hearing and made written request for notice of the order, in the manner provided by §
8-4-214
. The order of the commission shall become final and binding on all parties unless appealed, as provided in §§
8-4-222
-
8-4-229
, within thirty (30) days after service of the order.
Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 19; 1993, No. 165, § 19.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-222 - Appeals - Entitlement

An appeal may be taken from a final order, rule, regulation, or other final determination of the Arkansas Pollution Control and Ecology Commission under §§
8-4-223
-
8-4-229
by those parties that have standing and have exhausted their administrative appeals.
Amended by Act 2013, No. 1021,§ 2, eff. 8/16/2013.
Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 20; 1993, No. 165, § 20.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-223 - Appeals - Notice

(a)
(1)
Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry, municipality, or thing involved is situated.
(2)
A copy of the notice of appeal shall be served upon the Secretary of the Arkansas Pollution Control and Ecology Commission by personal delivery or by mail with a return receipt requested within ten (10) days of filing with the circuit court.
(b)
(1)
The notice of appeal:
(A)
Shall state the action of the commission appealed from;
(B)
Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and
(C)
May contain any other allegations or denials of fact pertinent to the appeal.
(2)
The notice of appeal shall state an address within the state at which service of a response to the notice of appeal and other papers in the matter may be made upon the appellant.
(c)
Upon filing the notice of appeal with the clerk of the circuit court, the circuit court shall have jurisdiction of the appeal.
(d)
(1)
Within ten (10) business days of service of the notice of appeal required under subdivision (a)(2) of this section, the owner or operator of the business, industry, municipality, or thing involved may file a motion to transfer the appeal from the circuit court to the Court of Appeals.
(2)
Upon the filing of a motion under subdivision (d)(1) of this section, the appeal shall be transferred from the circuit court to the Court of Appeals.
Amended by Act 2019, No. 315,§ 477, eff. 7/24/2019.
Amended by Act 2013, No. 1021,§ 3, eff. 8/16/2013.
Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1997, No. 896, § 1; 1997, No. 1219, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-224 - Appeals - Parties

(a)
(1)
The appellant, the Arkansas Pollution Control and Ecology Commission, and the owner or operator of the business, industry, municipality, or thing involved, if applicable, shall in all cases be the original parties to an appeal.
(2)
The state, through the Attorney General or any other person affected, may become a party by intervention as in a civil action, upon showing cause therefor.
(3)
The Attorney General shall represent the commission, if requested, upon all these appeals, unless he or she appeals or intervenes in behalf of the state.
(b)
No bond or deposit for costs shall be required of the state or of the commission upon any such appeal or upon any subsequent appeal to the Supreme Court or other court proceedings pertaining to the matter.
Amended by Act 2013, No. 1021,§ 4, eff. 8/16/2013.
Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-225 - Appeals - Venue

Except as provided in §
8-4-223(d)
, upon written consent of the parties or for cause shown after hearing upon notice to all parties, the venue of an appeal may be changed by order of the circuit court to the circuit court of a county in which the order, rule, or decision appealed from would take effect.
Amended by Act 2019, No. 315,§ 478, eff. 7/24/2019.
Amended by Act 2013, No. 1021,§ 5, eff. 8/16/2013.
Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-226 - Appeal - Response by commission and record

(a)
(1)
Within thirty (30) days after service of the notice of appeal on the Secretary of the Arkansas Pollution Control and Ecology Commission, the Arkansas Pollution Control and Ecology Commission shall file with the clerk of the circuit court having jurisdiction of the appeal a response to the notice of appeal and the record upon which the final order, rule, or other final determination complained of was entered.
(2)
The thirty-day period for filing a response to the notice of appeal and the record by the commission may be extended by the court for cause shown for not more than an additional sixty (60) days.
(3)
(A)
The record shall consist of:
(i)
A copy of any application or petition, all pleadings, or other material paper whereon the action of the commission appealed from was based;
(ii)
A statement of any findings of fact, rulings, or conclusions of law made by the commission;
(iii)
A copy of the final order, rule, or other final decision appealed from; and
(iv)
All testimony, exhibits, and other evidence submitted to the commission in the case.
(B)
The parties to the appeal may stipulate that only a specified portion of the record shall be filed with the circuit court.
(4)
A response to the notice of appeal filed by the commission shall consist of any statements, admissions, or denials upon the questions of law or fact raised in the notice of appeal as the commission may deem pertinent.
(b)
Within the time allowed for making and filing the response, a copy of the response shall be mailed to or served upon the appellant or the appellant's attorney.
(c)
(1)
The allegations or new matter in the response shall be deemed to be denied by the appellant unless expressly admitted, and no further pleadings shall be interposed.
(2)
Otherwise, the allegations of the notice of appeal and response shall have like effect as the pleadings in a civil action and shall be subject to like proceedings, so far as applicable.
(d)
With respect to an appeal that is before the Court of Appeals as the result of a motion to transfer an appeal under §
8-4-223(d)
, the requirements applicable to the commission's response and the record shall be determined under the Rules of Appellate Procedure - Civil.
Amended by Act 2019, No. 315,§ 480, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 479, eff. 7/24/2019.
Amended by Act 2013, No. 1021,§ 6, eff. 8/16/2013.
Acts 1949, No. 472, [Part 1], § 5; 1965, No. 183, § 4; A.S.A. 1947, § 82-1906; Acts 1997, No. 896, § 2; 1997, No. 1219, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-227 - Appeal - Review by circuit court

(a)
The appeal shall be heard and determined by the circuit court upon the issues raised by the notice of appeal and response according to the rules relating to the trial of civil actions, so far as applicable.
(b)
If, before the date set for the hearing, application is made to the circuit court for leave to present additional evidence and the circuit court finds that the evidence is material and that there were good reasons for failure to present it in the proceeding before the Arkansas Pollution Control and Ecology Commission, then the circuit court may order that the additional evidence be taken before the commission upon such conditions as may be just. The commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing circuit court.
(c)
(1)
(A)
The review shall be conducted by the circuit court without a jury and shall be confined to the record.
(B)
However, in cases of alleged irregularities in procedure before the commission that are not shown in the record, testimony may be taken before the circuit court.
(2)
The circuit court shall, upon request, hear oral argument and receive written briefs.
(d)
The circuit court may affirm the decision of the commission or vacate or suspend the decision, in whole or part, and remand the case to the commission for further action in conformity with the decision of the circuit court if the action of the commission is:
(1)
In violation of constitutional or statutory provisions;
(2)
In excess of the commission's statutory authority;
(3)
Made upon unlawful procedure;
(4)
Affected by other error of law;
(5)
Not supported by substantial evidence of record; or
(6)
Arbitrary, capricious, or characterized by abuse of discretion.
Amended by Act 2013, No. 1021,§ 7, eff. 8/16/2013.
Acts 1949, No. 472, [Part 1], § 5; 1985, No. 284, § 1; A.S.A. 1947, § 82-1906; Acts 1995, No. 895, § 3; 1997, No. 896, § 3; 1997, No. 1219, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-228 - Appeal - Stay of proceedings

(a)
The taking effect of any action of the Arkansas Pollution Control and Ecology Commission shall not be stayed by an appeal except by order of the court for cause shown by the appellant.
(b)
The granting of a stay may be conditioned upon the furnishing by the appellant of such reasonable security for costs as the court may direct.
(c)
A stay may be vacated on application of the commission or any other party after hearing upon notice to the appellant and to such other parties as the court may direct.
Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-229 - Appeals, proceedings, etc. - Presumptions

(a)
In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied with.
(b)
All findings of fact made by the commission shall be prima facie evidence of the matters therein stated.
(c)
The burden of proving the contrary of any provision of this section shall rest upon the appellant or other party questioning the action of the commission.
Amended by Act 2019, No. 315,§ 481, eff. 7/24/2019.
Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-231 - Effectiveness of regulations, rules, or orders

This act shall not be construed as impairing the continued effectiveness of any regulations, rules, or orders promulgated or issued by the Arkansas Pollution Control and Ecology Commission prior to March 31, 1999. Nor shall this act be construed as extinguishing or otherwise affecting the unexpired terms of any current members of the commission.
Amended by Act 2019, No. 315,§ 482, eff. 7/24/2019.
Acts 1997, No. 1219, § 10.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 2 - WATER POLLUTION (§§ 8-4-201 — 8-4-234) › Section 8-4-232 - Nutrient water quality trading programs - Definition

(a)
As used in this section, "nutrient" means a substance assimilated by an organism that promotes growth and replacement of cellular constituents, including without limitation nitrogen, phosphorus, and carbon.
(b)
(1)
The Arkansas Pollution Control and Ecology Commission may adopt rules that specify requirements, standards, and procedures governing the establishment and implementation of nutrient water quality trading programs, including without limitation program scope, eligibility, and threshold treatment requirements.
(2)
The nutrient water quality trading programs may include without limitation the following:
(A)
The establishment and regulation of nutrient water quality trading exchanges;
(B)
The establishment and regulation of nutrient water quality compliance associations;
(C)
The authorization and regulation of nutrient water quality trading credits;
(D)
The authorization and regulation of nutrient water quality offsets; and
(E)
(i)
The establishment of a schedule of user fees to be collected by the Division of Environmental Quality from persons or entities applying for approval of, generating, or utilizing nutrient water quality trades or offsets to comply with permit limits.
(ii)
The user fees shall be based on a record calculating the reasonable costs to the division of evaluating, implementing, and enforcing each nutrient water quality trading, credit, or offset program.
(c)
Under rules adopted by the commission under subsection (b) of this section, the division may:
(1)
Include terms and conditions in any appropriate permit that allow the eligible permit holder to use water quality trading arrangements such as water quality trading credits and water quality offsets as a means for complying with appropriate nutrient effluent limitations or conditions contained in the permit; and
(2)
Issue permits to eligible compliance associations as a means for multiple eligible permit holders to collectively satisfy their aggregate permit limits for one (1) or more appropriate nutrient water quality parameters.
(d)
A nutrient water quality trading program or arrangement established under this section shall provide that a decision to participate in the nutrient water quality trading program or arrangement is a matter of voluntary choice on the part of each participant in the nutrient water quality trading program or arrangement.
Amended by Act 2019, No. 315,§ 484, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 483, eff. 7/24/2019.
Amended by Act 2019, No. 668,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2512, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2511, eff. 7/1/2019.
Added by Act 2015, No. 335,§ 2, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-301 - Legislative intent

(a)
In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Arkansas to maintain such a reasonable degree of purity of the air resources of the state to the end that the least possible injury should be done to human, plant, or animal life or to property and to maintain public enjoyment of the state's natural resources, consistent with the economic and industrial well-being of the state.
(b)
The program for the control of air pollution under this chapter shall be undertaken in a progressive manner, and each of its successive objectives shall be sought to be accomplished by a maximum of cooperation and conciliation among all the parties concerned.
Acts 1949, No. 472, [Part 2], § 1, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1931.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-302 - Purpose

It is the purpose of this subchapter to safeguard the air resources of the state by controlling or abating air pollution that exists when this subchapter takes effect and preventing new air pollution under a program which shall be consistent with the declaration of policy stated in §
8-4-301
and with this subchapter.
Acts 1949, No. 472, [Part 2], § 2, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1932.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-304 - Applicability of water pollution provisions

All provisions of §
8-4-101
et seq. and §
8-4-201
et seq. relating to water pollution shall apply to this subchapter unless manifestly inconsistent therewith, including, but not limited to, the provisions of §§
8-4-205
,
8-4-212
-
8-4-214
, and
8-4-218
-
8-4-229
relating to hearings before the Arkansas Pollution Control and Ecology Commission, notice, right to appeal, and procedure, and §
8-4-230
relating to variances and interim authority.
Acts 1949, No. 472, [Part 2], § 10, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1940; Acts 1995, No. 943, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-305 - Exceptions

The provisions of this subchapter do not apply to:
(1)
Agricultural operations in the growing or harvesting of crops and the raising of fowl or animals;
(2)
Use of equipment in agricultural operations in the growing of crops or the raising of fowl or animals;
(3)
Barbecue equipment or outdoor fireplaces used in connection with any residence;
(4)
Land clearing operations or land grading;
(5)
Road construction operations and the use of mobile and portable equipment and machinery incident thereto;
(6)
Incinerators and heating equipment in or used in connection with residences used exclusively as dwellings for not more than four (4) families;
(7)
Fires set or permitted by any public officer, board, council, or commission when the fire is set or permission to burn is given in the performance of the duty of the public officer, board, council, or commission for the purpose of weed abatement, vegetation disposal, the prevention or elimination of a fire hazard, or the instruction of employees in the methods of fire fighting, which is necessary in the opinion of the public officer, board, council, or commission, or from fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction; or
(8)
(A)
Unless prohibited by municipal or county ordinance, open fires used at a construction site only for the purpose of warming persons on the site during cold weather.
(B)
Such fires:
(i)
Shall be fueled only by wood or wood products;
(ii)
Must be controlled to the extent necessary to prevent a fire hazard or local nuisance; and
(iii)
(a)
Must be confined within a container made of nonflammable material.
(b)
The container shall not exceed thirty inches (30") in width and thirty inches (30") in length.
Amended by Act 2023, No. 27,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 693,§ 8, eff. 7/24/2019.
Acts 1949, No. 472, [Part 2], § 4, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1934; Acts 1997, No. 259, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-306 - Political subdivisions preempted - Exception

(a)
In order to avoid conflicting and overlapping jurisdiction, it is the intention of this chapter to occupy, by preemption, the field of control and abatement of air pollution and contamination and no political subdivision of this state shall enact or enforce laws, ordinances, resolutions, rules, or regulations in this field.
(b)
Notwithstanding subsection (a) of this section, any political subdivision of this state may enact and enforce laws, ordinances, resolutions, rules, or regulations for the purpose of prohibiting burning in the open or in a receptacle having no means for significantly controlling the fuel/air ratio.
(c)
Nothing in this chapter shall be construed to prevent private actions under existing laws.
Acts 1949, No. 472, [Part 2], § 12, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1941; Acts 1989, No. 765, § 1.