reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1005 - Labeling - Definition

(a)
Existing labels on containers of hazardous chemicals shall not be removed or defaced.
(b)
(1)
If a public employer transfers a hazardous chemical from the original container to another container, the public employer shall reproduce or otherwise place on the container to which the hazardous chemical was transferred the identity of the hazardous chemical and appropriate hazard warnings.
(2)
However, if such hazardous chemical is regulated under the Federal Insecticide, Fungicide, and Rodenticide Act,
7 U.S.C. § 136
et seq., or the Arkansas Pesticide Control Act, §
2-16-401
et seq., then such public employer shall reproduce on the container to which such hazardous chemical was transferred the chemical name or common name on the original container.
(c)
A public employer is not required to label portable containers into which hazardous chemicals are transferred from labeled containers and which are intended only for the immediate use of the public employee who performs the transfer. Public employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for immediate use by the public employee who placed the hazardous chemical into the portable container. As used in this subsection, "unlabeled container" means a container which is not labeled in accordance with this section or the Hazard Communication Standard.
Acts 1991, No. 556, § 5; 1991, No. 1172, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1007 - Workplace chemical lists

(a)
Each public employer shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used, generated, or stored in the workplace in an amount equal to or greater than fifty-five gallons (55 gals.) or five hundred pounds (500 lbs.):
(1)
The chemical name or common name used on the material safety data sheet or the container label;
(2)
The Chemical Abstracts Service number for such hazardous chemical if such Chemical Abstracts Service number is included on the material safety data sheet; and
(3)
The work area or workplace in which the hazardous chemical is normally used, generated, or stored.
(b)
Each public employer shall update the workplace chemical list with the Director of the Division of Labor as necessary, but in any case by July 1 of each year.
(c)
A public employer may meet the requirements of this section with respect to a hazardous chemical which is a mixture either by identifying on the workplace chemical list each element or compound in the mixture which is a hazardous chemical or by identifying on the workplace chemical list the mixture itself. If more than one (1) mixture has the same element or compound, only one (1) listing of the element or compound is necessary.
Amended by Act 2019, No. 693,§ 25, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5270, eff. 7/1/2019.
Acts 1991, No. 556, § 7; 1991, No. 1172, § 7.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1009 - Outreach activities of the director

(a)
The Director of the Division of Labor shall develop and give each public employer a suitable form of notice providing public employees with information regarding their rights under this subchapter.
(b)
The director shall develop and maintain a general information and training assistance program to aid public employers. The general information and training assistance program shall be made available to all public employers. As part of the general information and training assistance program, the director may develop and distribute a supply of informational leaflets on public employers' duties, public employees' rights, and the effects of hazardous chemicals.
(c)
The director may contract with state universities or other public or private organizations to develop and implement the outreach program.
Amended by Act 2019, No. 693,§ 28, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5272, eff. 7/1/2019.
Acts 1991, No. 556, § 9; 1991, No. 1172, § 9.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1010 - Rights of public employees

(a)
Public employees who may be exposed to hazardous chemicals shall be informed of such exposure and shall have access to the workplace chemical list, material safety data sheets for the hazardous chemicals on the workplace chemical list, and information and training as provided in this subchapter.
(b)
No public employer shall discharge or cause to be discharged or otherwise discipline or discriminate against a public employee because the public employee has requested information, filed a complaint, assisted an inspector of the Director of the Division of Labor, or instituted or caused to be instituted any complaint or proceeding under or related to this subchapter or has testified or is about to testify in any such proceeding or has exercised any rights afforded by this subchapter on behalf of the public employee or other public employees, nor shall any pay, position, seniority, or other benefits to which the public employee may be entitled be lost because the public employee exercised rights afforded by this subchapter.
(c)
Any waiver of the benefits or requirements of this subchapter shall be against public policy and shall be null and void. Any public employer's request or requirement that a person waive any rights under this subchapter as a condition of or in connection with employment shall constitute a violation.
Amended by Act 2019, No. 910,§ 5273, eff. 7/1/2019.
Acts 1991, No. 556, § 10; 1991, No. 1172, § 10.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1011 - Rulemaking

(a)
The Director of the Division of Labor may promulgate rules in accordance with the provisions of §§
11-2-110
,
11-2-112
, and
11-2-113
to implement the provisions of this subchapter. This authority shall include, but not be limited to, the authority to implement changes corresponding to future amendments to the Hazard Communication Standard to maintain consistency between this subchapter and the Hazard Communication Standard.
(b)
The director shall promulgate rules requiring public employers to carry out information and training programs for their public employees and specifying the minimum content of education and training programs as provided in §
8-7-1008
.
Amended by Act 2019, No. 315,§ 679, eff. 7/24/2019.
Amended by Act 2019, No. 693,§ 29, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5274, eff. 7/1/2019.
Acts 1991, No. 556, § 11; 1991, No. 1172, § 11.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1012 - Trade secrets

(a)
A public employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from a material safety data sheet or workplace chemical list only if all the following conditions are met:
(1)
The claim that the information indicates that the specific chemical identity is being withheld as a trade secret;
(2)
The material safety data sheet or the chemical indicates that the specific chemical identity is being withheld as a trade secret;
(3)
All information contained in the material safety data sheet concerning the properties and effects of the hazardous chemical is disclosed; and
(4)
The specific chemical identity is made available to health professionals, employees, and their designated representatives under the same conditions as are set out in the Hazard Communication Standard,
29 C.F.R. § 1910.1200(i)(2)-(7)
, provided, the information disclosable to the United States Occupational Safety and Health Administration under the Hazard Communication Standard shall also be disclosable to the Director of the Division of Labor.
(b)
The director, upon his or her initiative or upon request by a public employee, designated representative, or public employer, shall request any or all of the data substantiating the trade secret claim to determine whether the claim is valid. The director shall protect from disclosure all information coming into his or her possession that is marked as confidential and shall return all information so marked at the conclusion of his or her determination.
(c)
Any information marked confidential pursuant to subsection (b) of this section shall not be disclosed during any administrative or judicial proceeding held pursuant to this section. Administrative hearings held pursuant to this section shall not be open to the public, but otherwise shall be held in a manner consistent with that provided for in the Arkansas Administrative Procedure Act, §
25-15-201
et seq., for hearings in contested cases. The proponent of disclosure shall also have the right to be heard.
(d)
No employee of the State of Arkansas shall disclose any information designated as a trade secret other than within the provisions of this subchapter.
(e)
Nothing in this section shall be construed as requiring the disclosure under any circumstances of process or percentages of mixture information that is a trade secret.
Amended by Act 2019, No. 910,§ 5275, eff. 7/1/2019.
Acts 1991, No. 556, § 12; 1991, No. 1172, § 12.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1013 - Complaints and investigations

(a)
Complaints received orally or in writing from public employees, their designated representatives, or public employers related to alleged violations of this subchapter shall be investigated in a timely manner by the Director of the Division of Labor.
(b)
Officers or duly designated representatives of the director shall have the right of entry into any workplace or work area of a public employer during normal business hours to inspect and investigate complaints within reasonable limits and in a reasonable manner.
(c)
The director shall have the same powers, duties, and authority to administer and enforce the provisions of this subchapter as are contained in §§
11-2-108
,
11-2-115
,
11-2-116
, and
11-2-118
. Provided, however, that if there is a conflict between the provisions of this subchapter and the provisions of §§
11-2-108
,
11-2-115
,
11-2-116
, and
11-2-118
, the provisions of this subchapter shall prevail.
Amended by Act 2019, No. 910,§ 5276, eff. 7/1/2019.
Acts 1991, No. 556, § 13; 1991, No. 1172, § 13.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1014 - Enforcement

(a)
If the Director of the Division of Labor determines that a public employer has violated a provision of this subchapter, the director shall issue an order to the official responsible for performing the duties required by this subchapter directing that official to cease and desist the act or omission constituting the violation. Such an order shall constitute prima facie evidence of a violation in any enforcement action filed pursuant to §
8-7-1015
.
(b)
If the director determines that a public employer has violated §
8-7-1008
relating to public employee information and training and within sixty (60) days of issuance of a cease and desist order the public employer has not remedied the violation, the director may conduct a program or programs to remedy the violation and require such public employer to reimburse the director for the cost of doing so.
(c)
Violation of this subchapter by a public employer shall be cause for adverse personnel action against the supervisor or supervisors responsible for the violation, including, but not limited to, suspension, demotion, withholding of annual career service recognition payments, or, in the case of serious and repeated violations, termination. Issuance of a cease and desist order by the director shall not be a prerequisite for such adverse personnel action, but such action shall only be taken in accordance with the civil service laws and rules.
Amended by Act 2019, No. 315,§ 680, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5277, eff. 7/1/2019.
Acts 1991, No. 556, § 14; 1991, No. 1172, § 14.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1015 - Cause of action - Attorney's fees

(a)
Any citizen denied the rights granted to him or her by this subchapter may commence a civil action against a public employer or responsible official of a public employer in the Pulaski County Circuit Court or the circuit court of the residence of the aggrieved party, if an agency of the state is involved, or any of the circuit courts of the appropriate judicial districts when any other public employer is involved. Issuance of a cease and desist order by the Director of the Division of Labor shall not be a prerequisite to the commencement of such an action.
(b)
Upon written application of the person denied the rights provided for in this subchapter or any interested party, the circuit court having jurisdiction shall fix a day the petition is to be heard within seven (7) days of the date of the application of the petitioner and shall hear and determine the case.
(c)
The circuit courts shall have jurisdiction to restrain violations of this subchapter and to order all appropriate relief, including, but not limited to, the disclosure of chemical information, the rehiring or reinstatement of public employees discriminated against because of their exercise of their rights under this subchapter, and the payment of any compensation such public employees actually lost as a result of such violations.
(d)
Those who refuse to comply with the orders of the circuit court shall be found guilty of contempt of court.
(e)
In any action to enforce the rights granted by this subchapter or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who has substantially prevailed, unless the court finds that the position of the defendant was substantially justified or that other circumstances make an award of those expenses unjust. However, no expenses shall be assessed against the State of Arkansas or any of its agencies or departments. If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes.
Amended by Act 2019, No. 910,§ 5278, eff. 7/1/2019.
Acts 1991, No. 556, § 15; 1991, No. 1172, § 15.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1016 - No effect on other legal duties

The provision of information to a public employee pursuant to the provisions of this subchapter shall not be construed to affect the liability of a public employer with regard to the health and safety of a public employee or other persons exposed to hazardous chemicals, nor shall it affect the public employer's responsibility to take any action to prevent the occurrence of occupational disease as required under any other provision of law. The provision of information to a public employee shall not affect any other duty or responsibility of a chemical manufacturer or distributor to warn ultimate users of a hazardous chemical under any other provision of law.
Acts 1991, No. 556, § 16; 1991, No. 1172, § 16.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 11 - VOLUNTARY CLEANUP (§§ 8-7-1101 — 8-7-1104) › Section 8-7-1101 - Declaration of policy

The General Assembly finds and declares as follows:
(1)
The redevelopment of abandoned industrial, commercial, or agricultural sites or abandoned residential property should be encouraged as a sound land use management policy to prevent the needless development of prime farmland, open spaces, and natural and recreation areas and to prevent urban sprawl;
(2)
The redevelopment of abandoned sites should be encouraged so that these abandoned sites can be returned to useful, tax-producing properties to protect existing jobs and provide new job opportunities;
(3)
Persons interested in redeveloping abandoned sites should have a method of determining what their legal liabilities and cleanup responsibilities will be as they plan the reuse of abandoned sites;
(4)
Incentives should be put in place to encourage prospective purchasers to voluntarily develop and implement cleanup plans of abandoned sites without the need for adversarial enforcement actions by the Division of Environmental Quality;
(5)
The division now routinely determines, through its permitting policies, when contamination will and will not pose unacceptable risks to public health or the environment, and similar concepts are used in establishing cleanup policies for abandoned sites;
(6)
Parties and persons responsible under the law for pollution at abandoned sites should perform remedial responses which are fully consistent with existing requirements;
(7)
As an incentive to promote the redevelopment of abandoned industrial sites, persons not responsible for preexisting pollution at or contamination on abandoned industrial sites should meet alternative cleanup requirements if they acquire title after the nature of conditions at the abandoned industrial site has been disclosed and declare and commit to a specified future land use of the subject abandoned industrial site; and
(8)
(A)
Property transactions at times necessitate title acquisition prior to completion of the actions contemplated at §
8-7-1104(b)
-(d) by persons not previously involved with the abandoned site or otherwise considered responsible parties for environmental conditions at an abandoned site.
(B)
These persons should not be foreclosed from participation under the procedures enacted under this subchapter.
(C)
Therefore, these persons, at the discretion of the Director of the Division of Environmental Quality, may submit a letter of intent that will set forth the persons' desire to purchase the abandoned site and retain their eligibility for participation in the voluntary cleanup program established by this subchapter.
Amended by Act 2019, No. 910,§ 2827, eff. 7/1/2019.
Acts 1997, No. 1042, § 1; 1999, No. 1164, § 108; 2001, No. 164, § 1; 2005, No. 1164, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 11 - VOLUNTARY CLEANUP (§§ 8-7-1101 — 8-7-1104) › Section 8-7-1102 - Definitions

(a)
As used in this subchapter:
(1)
"Abandoned site" means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or residential property or when the Division of Environmental Quality determines it is in the best interest of the citizens of Arkansas to promote redevelopment under this subchapter while continuing to pursue the responsible party or parties;
(2)
"Implementing agreement" means a plan, order, memorandum of agreement, or other enforceable document issued by the division under provisions of the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq., the Remedial Action Trust Fund Act, §
8-7-501
et seq., or this subchapter, to implement the voluntary cleanup process described in §
8-7-1104
;
(3)
"Industrial, commercial, or agricultural activity" means commercial, manufacturing, agricultural, or any other activity done to further the development, manufacturing, or distribution of goods and services, as well as soil cultivation and crop or livestock production, including, but not limited to, research and development, warehousing, shipping, transport, remanufacturing, repair, and maintenance of commercial machinery and equipment;
(4)
"Property" means property and improvements, including:
(A)
A facility as defined in
42 U.S.C. § 9601
; and
(B)
A site as defined in §
8-7-203
;
(5)
"Prospective purchaser" means a person who expresses a willingness to acquire an abandoned site and is not responsible for any preexisting pollution at or contamination on the abandoned site;
(6)
"Residential property" means any real property used as a dwelling or property with four (4) or fewer dwelling units used exclusively for residential use; and
(7)
(A)
"Site assessment" means the site assessment to establish the baseline level of existing contamination on a site.
(B)
At a minimum, the assessment shall identify the location and extent of contamination, the quantity or level of contamination, the type of contamination, the probable source of contamination, and the risk or threat associated with the contamination as described in §
8-7-1104
.
(C)
The assessment also shall include a description of the intended land use of the site.
(b)
Any other terms of this subchapter not expressly defined shall have the same definitions as provided in §
8-7-203
, §
8-7-304
, or §
8-7-503
, unless manifestly inconsistent with the provisions and remedial intent of this subchapter.
Amended by Act 2019, No. 693,§ 30, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2829, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2828, eff. 7/1/2019.
Acts 1997, No. 1042, § 1; 2001, No. 164, § 2; 2005, No. 1164, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 11 - VOLUNTARY CLEANUP (§§ 8-7-1101 — 8-7-1104) › Section 8-7-1103 - Division's authority

(a)
The Division of Environmental Quality shall have authority regarding a voluntary response program to provide the following:
(1)
Opportunities for technical assistance for voluntary response actions;
(2)
Adequate opportunities for public participation, including prior notice and opportunity for comment in appropriate circumstances, in selecting response actions;
(3)
Streamlined procedures to ensure expeditious voluntary response actions;
(4)
Oversight and enforcement authorities or other mechanisms that are adequate to ensure that:
(A)
Voluntary response actions will protect human health and the environment and be conducted in accordance with applicable federal and state laws; and
(B)
If the person conducting the voluntary response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed;
(5)
Mechanisms for approval of a voluntary response action plan; and
(6)
(A)
A requirement for certification or similar documentation from the division to the person conducting the voluntary response action indicating that the response is complete.
(B)
This certification shall document any conditions, restrictions, or limitations on the release from liability for contamination existing at the site before the division and the prospective purchaser enter into an implementing agreement.
(b)
The division may establish and administer a revolving loan fund to make secured and unsecured loans or grants to eligible participants for the purpose of financing the assessment, investigation, or remedial actions at abandoned industrial, commercial, or agricultural sites, or at abandoned residential property.
Amended by Act 2019, No. 910,§ 2832, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2831, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2830, eff. 7/1/2019.
Acts 1997, No. 1042, § 1; 2003, No. 1193, § 1; 2005, No. 1164, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 12 - ABANDONED PESTICIDE DISPOSAL (§§ 8-7-1201 — 8-7-1206) › Section 8-7-1201 - Title

This subchapter may be known and may be cited as the "Abandoned Agricultural Pesticide Disposal Act".
Acts 1999, No. 1174, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 12 - ABANDONED PESTICIDE DISPOSAL (§§ 8-7-1201 — 8-7-1206) › Section 8-7-1202 - Purpose

It is the purpose of this subchapter to protect the citizens of the state and the environment by providing for the safe and proper disposal of abandoned pesticides used in agriculture and for other uses. Furthermore, it is the purpose of this subchapter to authorize the Department of Agriculture to review and approve proposed pesticide disposal projects, select contractors to dispose of abandoned pesticides used in agriculture and for other uses, and approve payments from the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund.
Amended by Act 2023, No. 691,§ 48, eff. 7/1/2023.
Acts 1999, No. 1174, § 1; 2001, No. 1130, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 12 - ABANDONED PESTICIDE DISPOSAL (§§ 8-7-1201 — 8-7-1206) › Section 8-7-1203 - Definitions

As used in this subchapter:
(1)
"Abandoned" means chemicals which are no longer used and for which there is no planned use;
(2)
[Repealed.]
(3)
"Contractor" means a person who provides services for a fee involving the disposal of abandoned pesticides;
(4)
"Fund" means the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund;
(5)
"Pesticide" means any substance or mixture of substances intended for prevention, destroying, repelling, or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, and any substance or mixture of substances intended to be used as a spray adjuvant and for other uses; and
(6)
(A)
"Plant regulator" means any substance or mixture of substances intended through physiological action to accelerate or retard the rate of growth of maturation or to otherwise alter the behavior of plants or the produce thereof.
(B)
"Plant regulator" does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculates, or soil amendments.
Amended by Act 2023, No. 691,§ 49, eff. 7/1/2023.
Acts 1999, No. 1174, § 1; 2001, No. 1130, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 12 - ABANDONED PESTICIDE DISPOSAL (§§ 8-7-1201 — 8-7-1206) › Section 8-7-1204 - [Repealed]

Repealed by Act 2023, No. 691,§ 50, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 43, eff. 7/1/2019.
Acts 1999, No. 1174, § 1; 2001, No. 1130, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 12 - ABANDONED PESTICIDE DISPOSAL (§§ 8-7-1201 — 8-7-1206) › Section 8-7-1205 - Powers and duties of the Department of Agriculture

The Department of Agriculture shall have the following powers and duties:
(1)
To identify any abandoned pesticides which shall be excluded from the collection and disposal program;
(2)
To advise and make recommendations to the State Plant Board regarding projects for collecting and disposing of abandoned pesticides;
(3)
To advise and make recommendations to the State Plant Board on the issuance of requests for proposals from contractors;
(4)
To review and evaluate proposals for the collection and disposal of abandoned pesticides;
(5)
To select proposals for the collection and disposal of abandoned pesticides to be implemented; and
(6)
To approve payments from the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund for collection and disposal projects.
Amended by Act 2023, No. 691,§ 51, eff. 7/1/2023.
Acts 1999, No. 1174, § 1; 2001, No. 1130, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 12 - ABANDONED PESTICIDE DISPOSAL (§§ 8-7-1201 — 8-7-1206) › Section 8-7-1206 - Abandoned pesticide disposal

(a)
(1)
Moneys received into the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund shall be from gifts, grants, or funds from entities other than the State Plant Board and from a fee not to exceed one hundred dollars ($100) established by rule by the State Plant Board per registered pesticide per registrant per year for the specific purpose of funding the disposal of abandoned pesticides.
(2)
This fee shall be known as the "Abandoned Pesticide Disposal Fee" and shall not be a part of the pesticide registration fee collected pursuant to §
2-16-407(f)
.
(3)
The Abandoned Pesticide Disposal Fee shall not apply to products classified as:
(A)
"Sanitizers and disinfectants" by the State Plant Board;
(B)
Aerosol products which are not labeled for agricultural use;
(C)
Insect repellants which are labeled for use on the human body or clothing;
(D)
Silica gels and other nonvolatile ready-to-use paste, foam, or gel formulations of insecticidal baits;
(E)
Nonvolatile insecticidal baits in tamper-resistant bait stations;
(F)
Insecticidal flea and tick collars and spot-on flea treatments for dogs and cats; or
(G)
Insecticidal cattle ear tags.
(4)
Collection of the Abandoned Pesticide Disposal Fee shall be discontinued upon completion of the abandoned pesticide collection program.
(5)
Moneys received into the fund shall be utilized by the Department of Agriculture to pay for projects and other activities relating to the collection and disposal of abandoned pesticides and for administrative support.
(6)
The total allocation of funds for administrative support shall not exceed two hundred fifty thousand dollars ($250,000) per biennium.
(b)
(1)
The department shall administer the program relating to the collection and disposal of abandoned pesticides.
(2)
The duties of the department shall include:
(A)
Developing and issuing requests for proposals from contractors to collect and dispose of abandoned pesticides;
(B)
Contracting for the collection and disposal of abandoned pesticides; and
(C)
Paying contractors for services relating to the collection and disposal of abandoned pesticides.
Amended by Act 2023, No. 691,§ 53, eff. 7/1/2023.
Amended by Act 2023, No. 691,§ 52, eff. 7/1/2023.
Amended by Act 2021, No. 364,§ 3, eff. 7/28/2021.
Amended by Act 2021, No. 364,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 364,§ 1, eff. 7/28/2021.
Acts 1999, No. 1174, § 1; 2001, No. 1130, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 13 - PHASE I ENVIRONMENTAL SITE ASSESSMENT CONSULTANT ACT (§§ 8-7-1301 — 8-7-1311) › Section 8-7-1301 - Title

This subchapter shall be known and may be cited as the "Phase I Environmental Site Assessment Consultant Act".
Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 13 - PHASE I ENVIRONMENTAL SITE ASSESSMENT CONSULTANT ACT (§§ 8-7-1301 — 8-7-1311) › Section 8-7-1302 - Purpose

It is the purpose of this subchapter to authorize the Division of Environmental Quality to establish and administer a certification program to maintain a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment, referred to as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, as it exists on January 1, 2007, or a Phase I environmental site assessment under the American Society for Testing and Materials standard E1527-05 as in effect on January 1, 2007.
Amended by Act 2019, No. 910,§ 2839, eff. 7/1/2019.
Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 13 - PHASE I ENVIRONMENTAL SITE ASSESSMENT CONSULTANT ACT (§§ 8-7-1301 — 8-7-1311) › Section 8-7-1303 - Definitions

As used in this subchapter:
(1)
"Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, state or the United States Government or agency, or any other legal entity however organized;
(2)
"Phase I consultant" means a person that performs a Phase I environmental site assessment for a fee or in conjunction with other services for which a fee is charged; and
(3)
"Phase I environmental site assessment" means an assessment defined as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, and the rules promulgated under the Small Business Liability Relief and Brownfields Revitalization Act or a Phase I environmental site assessment as that term is used in the American Society for Testing and Materials standard E1527-00 as in effect on January 1, 2005.
Acts 2005, No. 2141, § 1; 2007, No. 827, § 120; 2007, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 13 - PHASE I ENVIRONMENTAL SITE ASSESSMENT CONSULTANT ACT (§§ 8-7-1301 — 8-7-1311) › Section 8-7-1304 - Powers and duties

(a)
The Division of Environmental Quality shall maintain and make available to the public a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment, referred to as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, and the rules promulgated under the Small Business Liability Relief and Brownfields Revitalization Act.
(b)
The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement this subchapter.
Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 13 - PHASE I ENVIRONMENTAL SITE ASSESSMENT CONSULTANT ACT (§§ 8-7-1301 — 8-7-1311) › Section 8-7-1311 - Fees

(a)
(1)
Under rules promulgated by the Arkansas Pollution Control and Ecology Commission, the Division of Environmental Quality may assess fees to Phase I consultants who apply to be placed on the list maintained under §
8-7-1304
.
(2)
Fees shall be reasonable and appropriate and subject to periodic review.
(b)
All fees collected under this subchapter shall be deposited into the Hazardous Waste Permit Fund, §
19-6-434
.
(c)
Fees collected under this subchapter shall be used for the purposes of administering this subchapter.
Amended by Act 2019, No. 315,§ 681, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2840, eff. 7/1/2019.
Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 14 - CONTROLLED SUBSTANCES CONTAMINATED PROPERTY CLEANUP ACT (§§ 8-7-1401 — 8-7-1407) › Section 8-7-1401 - Title

This subchapter shall be known and may be cited as the "Controlled Substances Contaminated Property Cleanup Act".
Acts 2007, No. 864, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 14 - CONTROLLED SUBSTANCES CONTAMINATED PROPERTY CLEANUP ACT (§§ 8-7-1401 — 8-7-1407) › Section 8-7-1402 - Professional cleanup of properties contaminated through the manufacture of controlled substances

(a)
The Division of Environmental Quality shall:
(1)
Establish and administer a certification program to:
(A)
Certify contractors who choose to undertake the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances; and
(B)
Require as a condition of certification that the contractors demonstrate that they have the qualifications required to undertake inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances;
(2)
Establish standards for the remediation of properties contaminated through the manufacture of controlled substances;
(3)
Make the certification program rules and the remediation standards available to law enforcement officials and the public:
(A)
On the division's website; and
(B)
In hard copy upon request to the division; and
(4)
Annually review and update the remediation standards.
(b)
(1)
The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement the certification program for contractors in the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances.
(2)
The rules promulgated by the commission under this section shall include without limitation:
(A)
Application forms for certification;
(B)
Continuing education requirements;
(C)
Professional and technical standards for certification;
(D)
Renewals of certification;
(E)
Procedures for revocation and other actions that affect the status of certification; and
(F)
Reasonable fees.
Amended by Act 2019, No. 693,§ 31, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2842, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2841, eff. 7/1/2019.
Acts 2007, No. 864, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 14 - CONTROLLED SUBSTANCES CONTAMINATED PROPERTY CLEANUP ACT (§§ 8-7-1401 — 8-7-1407) › Section 8-7-1403 - Reporting of properties contaminated through the manufacture of controlled substances

(a)
If a private property owner finds an abandoned laboratory for the manufacture of controlled substances on his or her property and there has been no active on-site law enforcement involvement, the private property owner shall notify local law enforcement for proper removal of contaminated material.
(b)
(1)
If a property owner finds or becomes aware of evidence of a laboratory for the manufacture of controlled substances on his or her property, the property owner shall have the property inspected in accordance with the guidelines established by the Division of Environmental Quality under this subchapter by a contractor certified by the division under §
8-7-1402
.
(2)
If the contractor selected by the property owner under subdivision (b)(1) of this section verifies that a laboratory for the manufacture of controlled substances has been on the property, the contractor shall notify the division, and the division shall place the property on the contaminated properties list required under §
8-7-1404
.
Amended by Act 2019, No. 910,§ 2843, eff. 7/1/2019.
Acts 2007, No. 864, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 14 - CONTROLLED SUBSTANCES CONTAMINATED PROPERTY CLEANUP ACT (§§ 8-7-1401 — 8-7-1407) › Section 8-7-1404 - Recordkeeping required

(a)
The Division of Environmental Quality shall maintain records concerning properties contaminated through the manufacture of controlled substances.
(b)
The division shall:
(1)
Create a list of properties contaminated through the manufacture of controlled substances;
(2)
Place a contaminated property on the contaminated properties list;
(3)
Not determine that a property has been adequately remediated unless:
(A)
The inspection, sampling, remediation, and removal of contaminated materials is performed:
(i)
By or under the direction and responsible charge of an individual who has obtained a certification under the rules established by the Arkansas Pollution Control and Ecology Commission under this subchapter; or
(ii)
By an employee of a public agency that has the responsibility of regulatory enforcement, emergency response, the protection of public health and welfare, or the protection of the environment while the employee is acting in the course of that employment; and
(B)
The property has met the remediation standards developed by the division;
(4)
(A)
Post the results of a cleanup on the division's website for ten (10) working days after the division determines that the property has been adequately remediated.
(B)
After the ten (10) working days of posting required under subdivision (b)(4)(A) of this section, the division shall remove from the division's website the formerly contaminated property and the results of the cleanup; and
(5)
Remove a property from the list when the division finds that the property has been adequately remediated.
(c)
(1)
The division shall make the list of properties contaminated through the manufacture of controlled substances available to law enforcement officials and to the public:
(A)
On the division's website; and
(B)
In hard copy upon request to the division.
(2)
The division shall keep hard copies of the information required under this section until the division has removed the property from the list of properties contaminated through the manufacture of controlled substances.
Amended by Act 2019, No. 910,§ 2848, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2847, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2846, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2845, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2844, eff. 7/1/2019.
Acts 2007, No. 864, § 1; 2009, No. 1199, § 10.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 14 - CONTROLLED SUBSTANCES CONTAMINATED PROPERTY CLEANUP ACT (§§ 8-7-1401 — 8-7-1407) › Section 8-7-1406 - Remediated property

(a)
After property contaminated through the manufacture of controlled substances is remediated and the property owner receives official notification from the Division of Environmental Quality, no person, including the property owner, landlord, and real estate agent, is required to report or otherwise disclose the past contamination.
(b)
Unless retention is mandated by federal law, the division shall destroy all copies of information required to be kept under this subchapter that refer to a specific property location once the property is officially removed from the contaminated properties list.
Amended by Act 2019, No. 910,§ 2853, eff. 7/1/2019.
Acts 2007, No. 864, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 14 - CONTROLLED SUBSTANCES CONTAMINATED PROPERTY CLEANUP ACT (§§ 8-7-1401 — 8-7-1407) › Section 8-7-1407 - Penalties

Any person who pleads guilty or nolo contendere to or is found guilty of violating §
8-7-1405(d)(7)(D)
or §
8-7-1405(d)(7)(E)
is guilty of a Class B misdemeanor.
Acts 2007, No. 864, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 8 - INTERSTATE COMPACTS (§§ 8-8-101 — 8-8-206) › Subchapter 1 - INTERSTATE ENVIRONMENTAL COMPACT (§§ 8-8-101 — 8-8-103) › Section 8-8-101 - Purpose

(a)
The General Assembly recognizes that:
(1)
The purity and life-giving qualities of our environment are of primary concern to the people of Arkansas and to all Americans;
(2)
The ultimate responsibility for the quality of the Arkansas environment rests upon the state government; and
(3)
Ecological systems and environmental problems cross state boundaries.
(b)
Therefore, the General Assembly recognizes that the discharge of this responsibility can be enhanced by acting in concert and cooperation with our sister states and with the federal government, insofar as such cooperative governmental efforts are consistent with the laws of the State of Arkansas. For these reasons, the Interstate Environmental Compact is approved.
Acts 1971, No. 304, § 1; A.S.A. 1947, § 82-1974.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 8 - INTERSTATE COMPACTS (§§ 8-8-101 — 8-8-206) › Subchapter 1 - INTERSTATE ENVIRONMENTAL COMPACT (§§ 8-8-101 — 8-8-103) › Section 8-8-103 - Supplementary agreement appropriations

Any supplementary agreement entered into pursuant to Article 4 of the Interstate Environmental Compact and requiring the expenditure of funds or the assumption of an obligation to expend funds shall not become effective as to this state prior to the making of an appropriation therefor by the General Assembly, with the following exceptions:
(1)
The Governor may use special appropriations as are made available for emergency purposes;
(2)
The Governor may use any such funds as are made available to him or her by the United States Government or any other source specifically for the creation and implementation of supplemental agreements under this subchapter; and
(3)
Where an agency of the state can better carry out the purpose for which it was created by the legislature by cooperative actions with other states under the terms of the compact, that agency may, with the consent of the Governor, expend funds appropriated to the agency for such purposes.
Acts 1971, No. 304, § 3; A.S.A. 1947, § 82-1976.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 8 - INTERSTATE COMPACTS (§§ 8-8-101 — 8-8-206) › Subchapter 2 - CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (§§ 8-8-201 — 8-8-206) › Section 8-8-201 - Penalties

(a)
Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be guilty of a misdemeanor. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000), or subject to both such fine and imprisonment. Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.
(b)
Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to a civil penalty in such amount as the court shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of such violation, to the payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing such violation or unlawful act, and the payment to the state of reasonable compensation of any actual damage resulting therefrom.
Acts 1983, No. 9, § 5; A.S.A. 1947, § 82-4405.