reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 9 - RECYCLING (§§ 8-9-101 — 8-9-808) › Subchapter 8 - ARKANSAS NUCLEAR RECYCLING PROGRAM (§§ 8-9-801 — 8-9-808) › Section 8-9-803 - Purpose

The purpose of this subchapter is to authorize the Department of Energy and Environment to:
(1)
Protect the public health and the environmental quality of the state by identifying the applicable federal standards for:
(A)
Shipping spent nuclear fuel into the state and returning the shipping containers back to the point of origin after the extraction of the spent nuclear fuel for reuse and reloading;
(B)
Recycling spent nuclear fuel;
(C)
Interim storage of spent nuclear fuel before the spent nuclear fuel is to be recycled;
(D)
Interim storage of recycled nuclear fuel; and
(E)
Interim storage of waste by-products from the spent nuclear fuel recycling process;
(2)
Secure federal funding to contract with one (1) or more scientific and engineering organizations to study the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel at locations in Arkansas; and
(3)
Based on the results of the study under subdivision (2) of this section, determine the appropriate time frames and conditions that must be met before it is technically and economically feasible, commercially viable, and appropriate to declare the state open to interim storage of spent nuclear fuel for the purpose of securing federal funding for the interim storage and recycling of spent nuclear fuel at locations in Arkansas.
Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 9 - RECYCLING (§§ 8-9-101 — 8-9-808) › Subchapter 8 - ARKANSAS NUCLEAR RECYCLING PROGRAM (§§ 8-9-801 — 8-9-808) › Section 8-9-804 - Creation of program - Authorization to enter into charter

The Division of Environmental Quality shall establish the Arkansas Nuclear Recycling Program to:
(1)
Secure a federal charter from the United States Government and receive federal funding for the program as outlined in the Acts 2021, No. 1092, report submitted to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor; and
(2)
Perform research to establish and identify the following for technical and economic feasibility and commercial viability:
(A)
Recycling spent nuclear fuel;
(B)
The market value of recycled spent nuclear fuel;
(C)
Through design documentation, the cost and schedule to build a nuclear recycling facility;
(D)
Potential sites within the state that meet specific seismic and accessibility criteria meeting federal requirements to establish a port or rail yard and transfer area; and
(E)
An analysis on acceptable methods of:
(i)
Shipping the spent nuclear fuel to the selected sites under study;
(ii)
Returning the shipping containers back to the sender for reuse and reloading;
(iii)
Interim storage of the spent nuclear fuel;
(iv)
Interim storage of recycled spent nuclear fuel;
(v)
Storage of short-term waste by-products; and
(vi)
Disposal of long-term waste by-products.
Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 9 - RECYCLING (§§ 8-9-101 — 8-9-808) › Subchapter 8 - ARKANSAS NUCLEAR RECYCLING PROGRAM (§§ 8-9-801 — 8-9-808) › Section 8-9-805 - Reporting - Hearings

(a)
Upon completion of the analysis of the technical and economic feasibility and commercial viability requirements in §
8-9-804
, the Division of Environmental Quality shall present a report on the results of the analysis to the Legislative Council.
(b)
The Legislative Council shall hold hearings on the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel and include the following committees, the:
(1)
House Committee on Insurance and Commerce;
(2)
Senate Committee on Insurance and Commerce;
(3)
House Committee on Public Health, Welfare, and Labor;
(4)
Senate Committee on Public Health, Welfare, and Labor; and
(5)
Joint Energy Committee.
(c)
The Legislative Council shall develop a recommendation based upon the hearings and present the recommendation to the Governor regarding the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel at locations in Arkansas.
(d)
Upon a finding by the Legislative Council and approval by the Governor that it is technically and economically feasible, commercially viable, and appropriate to declare the state open to the interim storage and recycling of spent nuclear fuel for the purpose of securing federal funds for the interim storage and recycling of spent nuclear fuel, public outreach and education under §
8-9-806
may begin.
Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 9 - RECYCLING (§§ 8-9-101 — 8-9-808) › Subchapter 8 - ARKANSAS NUCLEAR RECYCLING PROGRAM (§§ 8-9-801 — 8-9-808) › Section 8-9-806 - Public outreach and education

The University of Arkansas, with direction and assistance from the federal charter under §
8-9-804
, shall:
(1)
Develop and implement a public outreach and education program to the sites selected within Arkansas to gather public opinion on the construction and operation of a spent nuclear fuel interim storage and recycling facility;
(2)
Hold public meetings to interact with citizens to determine their opposition to and support of a spent nuclear fuel interim storage and recycling facility in their location;
(3)
Measure the level of opposition and support of those citizens through surveys, polls, and other recognized means;
(4)
Provide a report to the Legislative Council on the outcome of the public meetings for final approval and assistance in site selection; and
(5)
Contingent upon a demonstration of public support as a result of the public outreach and education effort, endow a chair within the university to develop a nuclear science and engineering program to provide future generations of nuclear engineers to capitalize on future opportunities available at the spent nuclear interim storage and recycling facility initially funded by federal funds.
Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 9 - RECYCLING (§§ 8-9-101 — 8-9-808) › Subchapter 8 - ARKANSAS NUCLEAR RECYCLING PROGRAM (§§ 8-9-801 — 8-9-808) › Section 8-9-807 - Construction and operation

The entities under the federal charter under §
8-9-804
shall be responsible for the construction and operation of the spent nuclear fuel interim storage and recycling facility and through the use of federal funds shall:
(1)
Receive the design documentation completed under §
8-9-804
;
(2)
Develop construction documents, update cost data, and establish a schedule for construction to be completed with a national laboratory;
(3)
Contract with a design firm to provide design and construction documents for the spent nuclear fuel interim storage and recycling facility containment building;
(4)
Contract with a contractor to build the spent nuclear fuel interim storage and recycling facility as designed and provide start-up assistance with the spent nuclear fuel interim storage and recycling facilities; and
(5)
Contract with a national laboratory to provide installation management of the pyrotechnic lines inside the spent nuclear fuel interim storage and recycling facility containment building and to provide start-up management and training for permanent operators and maintenance.
Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 9 - RECYCLING (§§ 8-9-101 — 8-9-808) › Subchapter 8 - ARKANSAS NUCLEAR RECYCLING PROGRAM (§§ 8-9-801 — 8-9-808) › Section 8-9-808 - Applicability

This subchapter applies only to the interim storage and recycling of spent nuclear fuel from commercial nuclear reactors, university nuclear reactors, and other research or government-operated nuclear reactors under this subchapter.
Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 2 - ARKANSAS POLLUTION PREVENTION ACT (§§ 8-10-201 — 8-10-205) › Section 8-10-201 - Title

This subchapter may be cited as the "Arkansas Pollution Prevention Act".
Acts 1993, No. 1273, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 2 - ARKANSAS POLLUTION PREVENTION ACT (§§ 8-10-201 — 8-10-205) › Section 8-10-202 - Legislative intent

(a)
The General Assembly finds that the timely development of a comprehensive pollution prevention and waste minimization plan for the prevention and reduction of the amount of solid, hazardous, and industrial wastes produced within the state is essential to determine the scope and need for off-site waste management facilities.
(b)
(1)
The General Assembly further finds that it is essential to ensure that the state fulfills its responsibilities under the Superfund Amendments and Reauthorization Act of 1986 to provide for the availability of adequate capacity for the management of wastes by implementing a comprehensive pollution prevention plan.
(2)
This plan should encourage the minimization of wastes produced by means of source reduction, process change, feed stock substitution, recycling, and reuse for both hazardous and nonhazardous waste streams.
(3)
Waste that is generated should be minimized to the greatest practicable extent, treated on-site, and stored and recycled or disposed of so as to protect human health and the environment.
(c)
The purpose of this subchapter is to prevent pollution, minimize the amount of solid, hazardous, and industrial wastes generated, and conserve energy within the state as expeditiously as possible.
Acts 1993, No. 1273, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 2 - ARKANSAS POLLUTION PREVENTION ACT (§§ 8-10-201 — 8-10-205) › Section 8-10-203 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Disposal" means the discharge, deposit, injection, dumping, spilling, leakage, or placing of any waste into or on any land or water in whatever manner so that such waste or any constituent thereof might enter the environment or be emitted into the air or discharged into any waters of the state, including groundwaters;
(2)
"Generation" means the act or process of producing waste materials;
(3)
"Generator" means any individual, business, government agency, or any other organization that generates waste;
(4)
"Hazardous waste" means hazardous waste as defined by the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq., and rules issued pursuant thereto;
(5)
"Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company, state agency, government instrumentality or agency, institution, or county, city, town, or municipal authority or trust, venture, or any other legal entity, however organized;
(6)
(A)
"Pollution prevention" means any action taken by industry, government, or individual consumers to conserve natural resources while providing and using needed products in a manner which prevents or reduces the generation, disposal, or release of pollutants to the environment.
(B)
"Pollution prevention" does not include dewatering, dilution, or evaporation prior to handling, release, storage, treatment, or disposal of hazardous waste; and
(7)
"Source reduction" or "waste minimization" means the reduction or elimination of waste at the source, usually within a manufacturing process, including process modification, feed stock substitutions, improvement in feed stock purity, housekeeping and management practices, increases in the efficiency of machinery, on-site closed-loop recycling, or any other action which demonstrably reduces the amount and toxicity of the waste exiting the production process.
Amended by Act 2019, No. 315,§ 695, eff. 7/24/2019.
Acts 1993, No. 1273, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 2 - ARKANSAS POLLUTION PREVENTION ACT (§§ 8-10-201 — 8-10-205) › Section 8-10-204 - Hierarchy of waste minimization

It is the policy of the state to adhere to the following hierarchy of waste minimization and management:
(1)
Reduce waste production at the source;
(2)
Recover and reuse resources and wastes;
(3)
Recycle on-site or, if this is not feasible, off-site;
(4)
Treat wastes to reduce volume and toxicity, including incineration; and
(5)
Dispose of any remaining wastes in a manner which serves to protect the quality of air, water, and land resources.
Acts 1993, No. 1273, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 2 - ARKANSAS POLLUTION PREVENTION ACT (§§ 8-10-201 — 8-10-205) › Section 8-10-205 - Powers and duties

The Governor shall designate the state agency or agencies which shall have the following powers and duties pursuant to this subchapter to:
(1)
Compile, organize, and make available for distribution information on pollution prevention technologies and procedures;
(2)
Compile and make available for distribution to business and industry a list of expert private consultants on pollution prevention technologies and procedures and a list of researchers at state universities providing assistance in pollution prevention activities;
(3)
Sponsor and conduct conferences and individualized workshops and seminars on pollution prevention for specific classes of business or industry;
(4)
Conduct feasibility analyses for innovative pollution prevention technologies and procedures;
(5)
Facilitate and promote the transfer of pollution prevention technologies and procedures between business and industries;
(6)
Develop, when appropriate, and distribute for voluntary implementation pollution prevention plans for the major classes of industry that generate and subsequently treat, store, or dispose of waste in the state;
(7)
Develop and make available for distribution recommended waste audit procedures and protocols for utilization by business and industry in conducting internal waste audits;
(8)
Provide on-site assistance upon request to business and industry for the purpose of identifying potential techniques for pollution prevention and assisting in conducting internal waste audits;
(9)
Compile and make available for distribution information on available tax benefits for the implementation of pollution prevention technologies and procedures by an industry or business;
(10)
Establish goals for voluntary waste reduction within the state, including the identification of key industries and businesses which should receive priority assistance;
(11)
Identify governmental and nongovernmental impediments to pollution prevention;
(12)
Develop the necessary information base and data collection programs to assist in establishing program priorities and evaluating the progress of reducing wastes;
(13)
Develop training programs and materials for state and local regulatory personnel and private industry designed to inform them about pollution prevention practices and their applicability to industry;
(14)
Participate in existing state, federal, and industrial networks of individuals and groups actively involved in pollution prevention activities;
(15)
Establish an award program for outstanding examples of success in pollution prevention and waste minimization; and
(16)
Publicize to business and industry and participate in and support waste exchange programs.
Acts 1993, No. 1273, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 3 - SPECIFIC POLLUTION PREVENTION MEASURES (§§ 8-10-301 — 8-10-305) › Section 8-10-301 - Sale of certain batteries prohibited - Disposal requirements - Definitions

(a)
Alkaline manganese batteries manufactured on or after January 1, 1996, shall not be sold in this state if the alkaline manganese battery contains any intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials, except, however, that the limitation on mercury content in alkaline manganese button cells shall be twenty-five milligrams (25 mg) of mercury per button cell.
(b)
Zinc carbon batteries manufactured on or after January 1, 1994, shall not be sold in this state if the zinc carbon battery contains any intentionally introduced mercury.
(c)
(1)
It shall be illegal to sell consumer mercuric oxide button cell batteries in this state on or after January 1, 1994.
(2)
As used in this subsection, "consumer mercuric oxide button cell batteries" means batteries which contain mercuric oxide electrodes, resemble buttons in size and shape, and are used in consumer products such as hearing aids.
(d)
(1)
(A)
On or after January 1, 1994, no person shall dispose of mercuric oxide batteries in municipal solid waste or in medical waste.
(B)
Mercuric oxide batteries are subject to disposal or recycling under the provisions of or pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq.
(2)
As used in this subsection, "mercuric oxide batteries" means batteries containing mercuric oxide electrodes, except that consumer mercuric oxide button cell batteries are excluded from the definition.
(e)
The Arkansas Pollution Control and Ecology Commission may promulgate, modify, or repeal rules as necessary or appropriate to implement or effectuate the purpose and intent of this section.
(f)
Any person violating any provision of this section or of any rule or order issued pursuant to this section shall be subject to the same penalty and enforcement provisions as are contained in §
8-6-204
.
Amended by Act 2019, No. 315,§ 696, eff. 7/24/2019.
Acts 1993, No. 952, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 3 - SPECIFIC POLLUTION PREVENTION MEASURES (§§ 8-10-301 — 8-10-305) › Section 8-10-302 - Construction of motor vehicle racing facility - Requirement - Definition

(a)
(1)
Due to the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility may be constructed in this state after passage of this act without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility.
(2)
(A)
Such consent shall be accomplished by signing petitions that shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town.
(B)
The petitions shall indicate:
(i)
The name;
(ii)
The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and
(iii)
The date of the signature.
(C)
(i)
The petitions must be verified pursuant to §
7-9-109
.
(ii)
Signatures shall become invalid sixty (60) days after signing.
(iii)
It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the Division of Environmental Quality.
(b)
As used in this section, "motor vehicle racing facility" means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing.
Amended by Act 2019, No. 910,§ 3002, eff. 7/1/2019.
Acts 1995, No. 1191, § 40; 1997, No. 551, § 2; 1997, No. 1015, § 35; 1999, No. 674, § 1; 2005, No. 1409, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 4 - PUBLIC SURFACE WATER SUPPLY PROTECTION ACT (§§ 8-10-401 — 8-10-405) › Section 8-10-401 - Title

This subchapter shall be known and may be cited as the "Public Surface Water Supply Protection Act".
Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 4 - PUBLIC SURFACE WATER SUPPLY PROTECTION ACT (§§ 8-10-401 — 8-10-405) › Section 8-10-402 - Legislative findings and purpose

(a)
The General Assembly finds that:
(1)
Clean water resources are essential to being able to effectively provide economic opportunities in the state; and
(2)
Protecting the water resources of the state will improve Arkansas's ability to promote the abundant assets of the state as the land of opportunity and encourage the development of additional economic opportunities in Arkansas.
(b)
The purpose of this subchapter is to encourage petroleum pipeline owners and operators to work with the state to protect and improve water resources and economic opportunities in Arkansas by reducing the risk of pipeline petroleum spills into the public surface water drinking supplies in the state.
Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 4 - PUBLIC SURFACE WATER SUPPLY PROTECTION ACT (§§ 8-10-401 — 8-10-405) › Section 8-10-403 - Definitions

As used in this subchapter:
(1)
"Petroleum" means crude oil, gasoline, or any other nonvaporous petroleum product carried in a pipeline that crosses into the watershed of a public surface water supply;
(2)
(A)
"Public surface water supply" means a body of water, including without limitation a river, lake, reservoir, or other impoundment and the watershed that drains into the river, lake, reservoir, or other impoundment that is owned, leased, or otherwise used by a public water provider.
(B)
"Public surface water supply" does not include water contained in an aquifer or aboveground water storage tank;
(3)
(A)
"Public water provider" means an entity that provides water for domestic, business, or industrial purposes.
(B)
"Public water provider" includes without limitation a consolidated waterworks system created under the Consolidated Waterworks Authorization Act, §
25-20-301
et seq., city government, county government, regional water district, and nonprofit organization; and
(4)
"Watercourse" means a river, stream, bayou, cove, or canal.
Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 4 - PUBLIC SURFACE WATER SUPPLY PROTECTION ACT (§§ 8-10-401 — 8-10-405) › Section 8-10-404 - Cut-off valve and training

For each petroleum pipeline that crosses a watercourse that empties into a public surface water supply above ground or below ground, the owner or operator of the petroleum pipeline is encouraged to:
(1)
Install a cut-off valve capable of:
(A)
Automatically sensing a loss of petroleum flowing in the petroleum pipeline; and
(B)
Automatically and manually cutting off the flow of petroleum on each side of each watercourse that discharges into a public surface water supply; and
(2)
Provide annually to critical staff for the petroleum pipeline operator, the public water provider, and state and local emergency response providers either direct training or funding for training by a third party.
Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 10 - POLLUTION PREVENTION (§§ 8-10-201 — 8-10-405) › Subchapter 4 - PUBLIC SURFACE WATER SUPPLY PROTECTION ACT (§§ 8-10-401 — 8-10-405) › Section 8-10-405 - Risk mitigation and response plan

(a)
An owner or operator of a petroleum pipeline is encouraged to create a detailed risk mitigation and response plan for each petroleum pipeline in the watershed of a public surface water supply.
(b)
An effective risk mitigation and response plan under subsection (a) of this section:
(1)
States clearly each party responsible for implementing the risk mitigation and response plan on behalf of the petroleum pipeline owner or operator; and
(2)
Includes at least the following:
(A)
Quarterly visual inspection of each petroleum pipeline;
(B)
An early notification system for each relevant public water provider;
(C)
Plans for the construction of containment berms;
(D)
Detailed information on the product being carried in each petroleum pipeline;
(E)
The annual training requirements for emergency response personnel; and
(F)
A safety-related capital improvement plan that includes without limitation the following:
(i)
The removal of aboveground petroleum pipeline crossings;
(ii)
The installation of additional valves and valve controls; and
(iii)
The construction of additional response structures and facilities.
(c)
The petroleum pipeline owner or operator is encouraged to submit any risk mitigation and response plan developed under this section to the Department of Health and the appropriate public water provider for comment.
Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 11 - ENVIRONMENTAL REGULATORY FLEXIBILITY (§§ 8-11-101 — 8-11-103) › Section 8-11-101 - Title

This chapter may be known and may be cited as the "Arkansas Environmental Regulatory Flexibility Act".
Acts 1999, No. 500, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 11 - ENVIRONMENTAL REGULATORY FLEXIBILITY (§§ 8-11-101 — 8-11-103) › Section 8-11-102 - Purpose

(a)
The improvement of the environment of the State of Arkansas is a matter of concern to all citizens of this state, and existing environmental law plays a critical role in protecting the environment.
(b)
Environmental protection could be enhanced by authorizing innovative advances in environmental regulatory methods.
(c)
Arkansas should develop environmental regulatory methods that:
(1)
Encourage facility owners and operators to assess the pollution they emit or cause, directly and indirectly, to the air, water, and land;
(2)
Encourage facility owners and operators to innovate, set measurable and verifiable goals, and implement the most effective pollution prevention, source reduction, or other pollution reduction strategies for their particular facilities while complying with verifiable and enforceable pollution limits;
(3)
Reward facility owners and operators that reduce pollution to levels below those required by applicable law; and
(4)
Reduce the time and money spent by agencies and facility owners and operators on paperwork and other administrative tasks that do not benefit the environment.
Acts 1999, No. 500, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 11 - ENVIRONMENTAL REGULATORY FLEXIBILITY (§§ 8-11-101 — 8-11-103) › Section 8-11-103 - Regulatory flexibility

(a)
(1)
The Division of Environmental Quality, by order of the Director of the Division of Environmental Quality consistent with the purposes of this chapter, may approve requests which allow an applicant to use alternative methods to comply with an Arkansas Pollution Control and Ecology Commission rule regarding the control or abatement of pollution.
(2)
However, the applicant must propose to control or abate pollution by an alternative method, provided the alternative method is:
(A)
Quantifiable, measurable, and enforceable;
(B)
At least as protective of the environment and the public health as the method prescribed by the requirement or commission rule that would otherwise apply; and
(C)
Consistent with federal law.
(b)
As a part of the approval process, the director shall provide for public notice and for public participation in considering requests under this section.
(c)
The director's order must provide a specific description of the alternative method and must condition any approval on compliance with the method as the order prescribes.
(d)
The division may establish a reasonable fee for applications under this section.
(e)
A violation of an order issued under this section is punishable as if it were a violation of the previously effective means of compliance.
Amended by Act 2019, No. 910,§ 3016, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3015, eff. 7/1/2019.
Acts 1999, No. 500, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 12 - NATURAL RESOURCES DAMAGES TRUST FUND (§§ 8-12-101 — 8-12-105) › Section 8-12-101 - Title

This chapter may be known and may be cited as the "Natural Resources Damages Trust Fund Act".
Acts 1999, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 12 - NATURAL RESOURCES DAMAGES TRUST FUND (§§ 8-12-101 — 8-12-105) › Section 8-12-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the Natural Resources Damages Advisory Board;
(2)
"Fund" means the Natural Resources Damages Trust Fund created by this chapter; and
(3)
"Natural resources" means land, fish, wildlife, biota, air, surface water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the State of Arkansas or local government.
Acts 1999, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 12 - NATURAL RESOURCES DAMAGES TRUST FUND (§§ 8-12-101 — 8-12-105) › Section 8-12-103 - Natural Resources Damages Trust Fund

(a)
(1)
There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Natural Resources Damages Trust Fund".
(2)
In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all payments collected by the state for restoration, rehabilitation, replacement, or acquisition of natural resources, any moneys received by the state as a gift or donation to the fund or any federal moneys designated to enter the fund, and all interest earned upon moneys deposited into the fund.
(3)
All moneys received into the fund shall be utilized for natural resource restoration, rehabilitation, replacement, or acquisition.
(b)
All expenditures from the fund shall be authorized by the Natural Resources Damages Advisory Board according to the provisions of this chapter and the requirements or conditions of any orders, settlement agreements, gifts, or donations.
Acts 1999, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 12 - NATURAL RESOURCES DAMAGES TRUST FUND (§§ 8-12-101 — 8-12-105) › Section 8-12-104 - Natural Resources Damages Advisory Board

(a)
There is hereby created and established a Natural Resources Damages Advisory Board.
(b)
The board shall be composed of seven (7) members:
(1)
One (1) member shall be a representative from the Arkansas Farm Bureau Federation;
(2)
One (1) member shall be a representative from the Arkansas Natural Resources Commission;
(3)
One (1) member shall be a representative from the Arkansas Forestry Commission;
(4)
One (1) member shall be a representative from the Division of Environmental Quality;
(5)
One (1) member shall be a representative from the Arkansas State Game and Fish Commission;
(6)
One (1) member shall be a representative of the Division of Arkansas Heritage; and
(7)
One (1) member shall be a representative of the Attorney General's office.
(c)
Members of the board shall serve without compensation.
(d)
The board shall have the following powers and duties:
(1)
To develop projects for the restoration, rehabilitation, replacement, and acquisition of natural resources;
(2)
To request proposals for natural resource-related projects;
(3)
To review and evaluate proposals for natural resource-related projects;
(4)
To select projects for the restoration, rehabilitation, replacement, and acquisition of natural resources; and
(5)
To approve payments from the Natural Resources Damages Trust Fund for projects and other activities relating to the restoration, rehabilitation, replacement, and acquisition of natural resources.
Amended by Act 2019, No. 910,§ 3017, eff. 7/1/2019.
Acts 1999, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 12 - NATURAL RESOURCES DAMAGES TRUST FUND (§§ 8-12-101 — 8-12-105) › Section 8-12-105 - Duties of the Department of Finance and Administration

(a)
The Department of Finance and Administration shall administer the Natural Resources Damages Trust Fund, as authorized by the Natural Resources Damages Advisory Board.
(b)
The department shall undertake the following activities, as authorized by the board:
(1)
Develop and issue requests for proposals;
(2)
Award grants for projects relating to natural resource restoration, rehabilitation, replacement, and acquisition;
(3)
Contract for services; and
(4)
Make payments from the fund.
Acts 1999, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 13 - MANAGEMENT ORGANIZATION (§§ 8-13-101 — 8-13-103) › Section 8-13-101 - Purpose

It is recognized that:
(1)
The improvement of the environment and the management of environmental concerns within the State of Arkansas are matters of interest to all citizens of this state;
(2)
Environmental protection and improvement could be enhanced by authorizing the Director of the Division of Environmental Quality to design and establish a management organization which incorporates specific goals for environmental protection and uses environmental indicators to measure agency performance; and
(3)
The director should execute a management process which:
(A)
Creates an integrated agency information system;
(B)
Organizes the Division of Environmental Quality according to business function;
(C)
Utilizes environmental indicators to measure progress in protecting and enhancing the environment;
(D)
Employs a collaborative public involvement process to define the environmental indicators to be used to measure environmental enhancement; and
(E)
Establishes a performance-based financial management system that links the funding of agency activities to environmental results.
Amended by Act 2019, No. 910,§ 3019, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3018, eff. 7/1/2019.
Acts 1999, No. 1316, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 13 - MANAGEMENT ORGANIZATION (§§ 8-13-101 — 8-13-103) › Section 8-13-102 - Authority to adopt alternative organization

(a)
The Director of the Division of Environmental Quality, with the advice and consent of the Secretary of the Department of Energy and Environment, may establish any number of divisions, offices, or units for the conduct of environmental affairs of the state and may prescribe the functions and duties of each division, office, or unit.
(b)
Provided, however, that:
(1)
All functions and duties prescribed by a grant agreement with an entity of the United States Government shall be maintained for the duration of the grant agreement;
(2)
(A)
This section does not limit any provision of state law directing or requiring the Division of Environmental Quality to carry out any function or provide any service.
(B)
However, nothing in this section shall be construed to prevent the reassignment of functions or services assigned by state law where reassignment does not alter the obligation of the Division of Environmental Quality to continue providing such function or service;
(3)
Such reorganization shall be based on a comprehensive analysis of all of the functions and duties administered by the Division of Environmental Quality and the development of a ten-year strategic plan of Division of Environmental Quality operations; and
(4)
The conduct of such comprehensive analysis and the development of a strategic plan shall be financed by an appropriation or authorization of the General Assembly for these specific purposes.
Amended by Act 2019, No. 910,§ 3021, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3020, eff. 7/1/2019.
Acts 1999, No. 1316, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 14 - SHIELDED OUTDOOR LIGHTING ACT (§§ 8-14-101 — 8-14-107) › Section 8-14-101 - Title

This chapter shall be known and may be cited as the "Shielded Outdoor Lighting Act".
Acts 2005, No. 1963, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 14 - SHIELDED OUTDOOR LIGHTING ACT (§§ 8-14-101 — 8-14-107) › Section 8-14-102 - Purpose

The purpose of this chapter is to conserve energy and preserve the environment through the regulation of outdoor lighting fixtures.
Acts 2005, No. 1963, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 14 - SHIELDED OUTDOOR LIGHTING ACT (§§ 8-14-101 — 8-14-107) › Section 8-14-103 - Definitions

As used in this chapter:
(1)
"Outdoor lighting fixture" means an automatically controlled, outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including searchlights, spotlights, and floodlights, whether for architectural lighting, parking lot lighting, landscape lighting, billboards, or street lighting; and
(2)
"Shielded" means a fixture that is covered in a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
Acts 2005, No. 1963, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 14 - SHIELDED OUTDOOR LIGHTING ACT (§§ 8-14-101 — 8-14-107) › Section 8-14-105 - Penalties

Violations of this chapter are punishable by:
(1)
A warning for a first offense; and
(2)
A fine of twenty-five dollars ($25.00) minus the replacement cost for each offending outdoor lighting fixture for a second or subsequent offense or for an offense that continues for thirty (30) calendar days from the date of the warning.
Acts 2005, No. 1963, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 14 - SHIELDED OUTDOOR LIGHTING ACT (§§ 8-14-101 — 8-14-107) › Section 8-14-106 - Enforcement

This chapter may be enforced by a town, city, or county of this state by seeking injunctive relief in a court of competent jurisdiction.
Acts 2005, No. 1963, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 14 - SHIELDED OUTDOOR LIGHTING ACT (§§ 8-14-101 — 8-14-107) › Section 8-14-107 - Provisions supplemental

The provisions of this chapter are cumulative and supplemental and shall not apply within a town, city, or county of this state that by ordinance has adopted provisions restricting light pollution that are equal to or more stringent than the provisions of this chapter.
Acts 2005, No. 1963, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 15 - ENERGY EFFICIENT FACILITIES (§§ 8-15-101 — 8-15-119) › Section 8-15-101 - Title

This chapter shall be known and may be cited as the "Property Assessed Clean Energy Act".
Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 15 - ENERGY EFFICIENT FACILITIES (§§ 8-15-101 — 8-15-119) › Section 8-15-102 - Definitions

As used in this chapter:
(1)
(A)
"Bond" means a revenue bond or note issued under this chapter.
(B)
"Bond" includes any other financial obligation authorized by this chapter, the laws of this state, or the Arkansas Constitution;
(2)
"District" means a property assessed energy improvement district established in this state by law for the express purpose of managing the PACE program;
(3)
"Governmental entity" means a municipality, county, combination of cities or counties or both, or statewide district;
(4)
"Owner" means an individual, partnership, association, corporation, or other legal entity that is recognized by law and has title or interest in any real property;
(5)
"PACE program" means a property assessed clean energy program under which a real property owner can finance an energy efficiency improvement, a renewable energy project, and a water conservation improvement on the real property; and
(6)
"Person" means an individual, partnership, association, corporation, or other legal entity recognized by law as having the power to contract.
Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 15 - ENERGY EFFICIENT FACILITIES (§§ 8-15-101 — 8-15-119) › Section 8-15-103 - Legislative findings

The General Assembly finds that:
(1)
It is in the best interests of the state to authorize property assessed energy improvement districts that make available to citizens one (1) or more financing programs, including without limitation a PACE program, to fund energy efficiency improvements, renewable energy projects, and water conservation improvements on residential, commercial, industrial, and other real properties at the request of the owner;
(2)
The programs described in subdivision (1) of this section will benefit the citizens of this state by:
(A)
Decreasing the cost of providing funds to participating citizens and lowering the aggregate issuance and servicing costs of loans; and
(B)
Making funds available to rural communities throughout the state that might not otherwise create and finance the programs described in subdivision (1) of this section; and
(3)
The programs described in subdivision (1) of this section will further the public purpose of:
(A)
Creating jobs and stimulating the state's economy;
(B)
Generating significant economic development through the investment of the proceeds of loans in local communities, including increased sales tax revenue;
(C)
Protecting participating citizens from the financial impact of the rising cost of electricity produced from nonrenewable fuels;
(D)
Providing positive cash flow in which the costs of the improvements are lower than the energy savings on an average monthly basis;
(E)
Providing the citizens of this state with informed choices and additional options for financing improvements that may not otherwise be available;
(F)
Increasing the value of the improved real property for participating citizens;
(G)
Improving the state's air quality and conserving natural resources, including water;
(H)
Attracting manufacturing facilities and related jobs to the state; and
(I)
Promoting energy independence and security for the state and the nation.
Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 15 - ENERGY EFFICIENT FACILITIES (§§ 8-15-101 — 8-15-119) › Section 8-15-104 - Immunity

(a)
The powers and duties of a property assessed energy improvement district conferred by this chapter are public and governmental functions exercised for a public purpose and for matters of public necessity.
(b)
The district and its personnel are immune from suit in tort for the performance of its duties under this chapter unless immunity from tort is expressly waived in writing.
Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 15 - ENERGY EFFICIENT FACILITIES (§§ 8-15-101 — 8-15-119) › Section 8-15-105 - Authority to create

(a)
A governmental entity legally authorized to issue general revenue bonds may create a property assessed energy improvement district by adoption of an ordinance.
(b)
A combination of governmental entities may create a district by each governmental entity:
(1)
Adopting an ordinance that provides for the governmental entity's participation in the district; and
(2)
Entering into a joint agreement with one (1) or more other participating governmental entities.
(c)
This section shall not limit additional governmental entities from becoming members of the district under §
8-15-106
.
Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 15 - ENERGY EFFICIENT FACILITIES (§§ 8-15-101 — 8-15-119) › Section 8-15-106 - Membership in an existing district

(a)
To become a member of an existing property assessed energy improvement district, the governing body of a governmental entity shall:
(1)
Adopt an ordinance that provides for the participation of the governmental entity in the district; and
(2)
Enter into an agreement with the other participating members of the district.
(b)
The agreement between members of a district shall establish the terms and conditions of the operation of the district with the limitations provided in this chapter.
Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 15 - ENERGY EFFICIENT FACILITIES (§§ 8-15-101 — 8-15-119) › Section 8-15-107 - Board of directors

(a)
A property assessed energy improvement district created under this chapter shall be operated and controlled by a board of directors.
(b)
The board of directors shall manage and control each district, including without limitation the operations, business, and affairs of the district.
(c)
The board of directors shall be solely responsible for selecting the chair of the board of directors and establishing the procedures by which the board of directors shall operate.
(d)
A director shall not receive compensation in any form for his or her services as a director.
(e)
Each director shall be entitled to reimbursement by the district for any necessary expenditures incurred in connection with the performance of his or her general duties as a director.
Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.