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 5 - REMEDIAL ACTION TRUST FUND ACT (§§ 8-7-501 — 8-7-525) › Section 8-7-516 - Liens for expenditures and value of improvements

(a)
If the owner of real property that is the location of a hazardous substance site upon which remedial action or removal action is performed under this subchapter is responsible, in whole or in part, for causing the release of the hazardous substance, there shall exist a lien against the real property for the moneys expended. If the expenditure results in an increase in the value of the real property, the lien shall also be for the increase in value.
(b)
The lien shall be effective upon the filing by the Director of the Division of Environmental Quality of a notice of lien with the circuit clerk in the county in which the real property is located.
(c)
The lien obtained by this section shall not exceed the amount of expenditures, as itemized on an affidavit of expenditures attached to and filed with the notice of lien, and the increase in real property value as a result of the removal action, remedial action, or abatement action taken, as determined by an independent appraisal, a copy of which shall be attached to and filed with the notice of lien.
(d)
The notice of lien shall be filed within thirty (30) days of the date of the last act performed on the real property by the Division of Environmental Quality or its agent under this subchapter.
(e)
Upon filing of the notice of lien, a copy with attachments shall be served upon the real property owner in the manner provided for enforcement of mechanics' or materialmen's liens.
(f)
Any and all moneys recovered or reimbursed pursuant to this section through voluntary agreements or court orders shall be deposited into and credited to the account of the Hazardous Substance Remedial Action Trust Fund.
Amended by Act 2019, No. 910,§ 2768, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2767, eff. 7/1/2019.
Acts 1985, No. 479, § 9; A.S.A. 1947, § 82-4720; Acts 1988 (3rd Ex. Sess.), No. 15, § 2; 2005, No. 1824, § 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 5 - REMEDIAL ACTION TRUST FUND ACT (§§ 8-7-501 — 8-7-525) › Section 8-7-517 - Punitive damages

If any person who is liable for a release or threat of release of a hazardous substance fails without sufficient cause to properly provide remedial action or removal action upon order of the Division of Environmental Quality, the person may be liable to the state for punitive damages in an amount equal to three (3) times the amount of any costs incurred by the state as a result of the failure to take proper action.
Amended by Act 2019, No. 910,§ 2769, eff. 7/1/2019.
Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719; 2005, No. 1824, § 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 5 - REMEDIAL ACTION TRUST FUND ACT (§§ 8-7-501 — 8-7-525) › Section 8-7-519 - Appeals

An appeal may be taken from any final order of the Division of Environmental Quality under this subchapter as provided in §§
8-4-202
,
8-4-210
,
8-4-212
-
8-4-214
,
8-4-218
,
8-4-219
, and
8-4-221
-
8-4-229
and in accordance with rules promulgated by the Arkansas Pollution Control and Ecology Commission under this subchapter.
Amended by Act 2019, No. 315,§ 637, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2774, eff. 7/1/2019.
Acts 1985, No. 479, § 13; A.S.A. 1947, § 82-4724; 2005, No. 1824, § 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 5 - REMEDIAL ACTION TRUST FUND ACT (§§ 8-7-501 — 8-7-525) › Section 8-7-520 - Contribution

(a)
Any person who has undertaken or is undertaking remedial action at a hazardous substance site in response to an administrative or judicial order initiated against such person pursuant to §
8-7-508
or §
8-7-1104(d)
may obtain contribution from any other person who is liable for such hazardous substance site.
(b)
Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicially approved settlement may obtain contribution from any person who is liable for such hazardous substance site and is not a party to the settlement.
(c)
Those persons identified under §
8-7-512(a)
shall be the persons liable for the hazardous substance site.
(d)
An action for contribution may be brought in the circuit court of the county in which the hazardous substance site is located. In resolving contribution claims, the circuit court shall allocate the costs and expenses incurred or to be incurred by the contribution claimant or claimants for undertaking remedial action among all persons liable for the hazardous substance site, using such equitable factors as the circuit court determines are appropriate.
(e)
Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicial proceeding or settlement shall not be liable for claims for contribution regarding matters addressed in the order or settlement which have been satisfactorily resolved. Such order or settlement does not discharge any of the other persons liable for the hazardous substance site who did not undertake or participate in the remedial action, unless the terms of the order or settlement so provide.
(f)
No action for contribution may be commenced more than three (3) years after the date of the administrative or judicial order or settlement with respect to such remedial action. In any such action, the circuit court shall enter a declaratory judgment on liability that will be binding on any subsequent action to recover costs and expenses for remedial action.
(g)
In any action for contribution, judicial review of any issues concerning the adequacy of the remedial action shall be limited to the administrative record to determine whether the selected remedy contained in the order or settlement is arbitrary or capricious, and then only such costs and expenses as are found to be inconsistent with those terms of the administrative or judicial order or settlement found to be arbitrary or capricious may be disallowed.
Amended by Act 2019, No. 693,§ 22, eff. 7/24/2019.
Acts 1989, No. 441, § 3; 1995, No. 125, § 3; 1997, No. 1042, § 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 5 - REMEDIAL ACTION TRUST FUND ACT (§§ 8-7-501 — 8-7-525) › Section 8-7-521 - Site access for remedial or removal action

(a)
For purposes of responding to an administrative or judicial order or settlement entered pursuant to §
8-7-508
, the owner or the operator of a facility that is a hazardous substance site, or any person who otherwise controls access to such a facility, shall provide access to the Division of Environmental Quality, any employee of the division, or any other person, duly designated by the Director of the Division of Environmental Quality, who undertakes such activities as are required to carry out the terms of the order or settlement.
(b)
Any person who impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement may be assessed a civil penalty by the division in an administrative proceeding or by the court in a judicial proceeding for a site access injunction of up to ten thousand dollars ($10,000) per day that site access is impeded.
(c)
Any person who knowingly impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement shall be guilty of a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) or imprisonment for up to one (1) year, or both.
Amended by Act 2019, No. 910,§ 2775, eff. 7/1/2019.
Acts 1989, No. 441, § 3; 2005, No. 1824, § 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 5 - REMEDIAL ACTION TRUST FUND ACT (§§ 8-7-501 — 8-7-525) › Section 8-7-522 - Liability for actions relating to remedial actions

(a)
No shareholder, director, or officer of a corporation or a grantor or trustee of a trust whose sole purpose, as stated in its articles of incorporation or its trust agreement, is to conduct remedial action at a hazardous substance site pursuant to an administrative or judicial order or settlement under §
8-7-508
shall be liable to any person for any action of the corporation or trust reasonably related to the stated purpose of the corporation or trust.
(b)
This section shall not apply to any action of the corporation or trust resulting from the gross negligence or intentional misconduct of a shareholder, director, or officer of said corporation, or a grantor or trustee of said trust.
(c)
Nothing in this section shall be construed to alter the liability of any person for the hazardous substance site under this subchapter, nor shall the liability of any such person be expanded as a result of such person undertaking remedial action or serving as a shareholder, officer, or director of a corporation or as a grantor or trustee of a trust which undertakes remedial action pursuant to an administrative or judicial order or settlement under §
8-7-508
.
Acts 1989, No. 441, § 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 5 - REMEDIAL ACTION TRUST FUND ACT (§§ 8-7-501 — 8-7-525) › Section 8-7-525 - Appropriation

On or after July 1, 2005, any appropriation made payable from the Emergency Response Fund [abolished] shall be made payable from the Hazardous Substance Remedial Action Trust Fund.
Acts 2005, No. 1824, § 17.
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 6 - LOW-LEVEL RADIOACTIVE WASTE (§§ 8-7-601 — 8-7-604) › Section 8-7-601 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Above-ground facility" means any facility which has a substantial portion of its structure above ground; and
(2)
"Low-level radioactive waste" means radioactive material that:
(A)
Is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined in
42 U.S.C. § 2014(e)(2)
; and
(B)
The United States Nuclear Regulatory Commission, consistent with existing law and in accordance with subdivision (2)(A) of this section, classifies as low-level radioactive waste.
Acts 1987, No. 562, § 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 6 - LOW-LEVEL RADIOACTIVE WASTE (§§ 8-7-601 — 8-7-604) › Section 8-7-602 - Disposal or storage in above-ground facilities

(a)
In the event that low-level radioactive waste is required to be disposed of or stored in the State of Arkansas, the low-level radioactive waste shall be disposed of or stored only in an above-ground facility.
(b)
An above-ground facility shall be so designed, constructed, and maintained as to prevent any accidental release of the low-level radioactive waste or any harmful substance in the above-ground facility as a result of flooding, earthquakes, tornadoes, or other occurrences, to permit effective surveillance of the above-ground facility and the low-level radioactive waste in the above-ground facility, and to permit retrievability of any low-level radioactive waste stored in the above-ground facility for testing and other appropriate purposes.
Acts 1987, No. 562, § 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 6 - LOW-LEVEL RADIOACTIVE WASTE (§§ 8-7-601 — 8-7-604) › Section 8-7-603 - Approval and issuance of permits

Neither the Division of Environmental Quality nor any other agency or authority having the responsibility for approving and issuing permits for facilities for the disposal or storage of low-level radioactive waste in this state shall have the authority to approve or issue a permit for any facility unless the facility will fully comply with the requirements of this subchapter in all respects.
Amended by Act 2019, No. 910,§ 2776, eff. 7/1/2019.
Acts 1987, No. 562, § 3; 1999, No. 1164, § 101.
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 6 - LOW-LEVEL RADIOACTIVE WASTE (§§ 8-7-601 — 8-7-604) › Section 8-7-604 - Compact provisions controlling

The implementation of this subchapter will not affect Arkansas's continued membership in the Central Interstate Low-Level Radioactive Waste Compact Commission. If any provision of this subchapter is in conflict with the provisions of the Central Interstate Low-Level Radioactive Waste Compact, §
8-8-201
et seq., the provisions of the compact shall be controlling.
Acts 1987, No. 562, § 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 7 - FEDERALLY LISTED HAZARDOUS SITES (§§ 8-7-701 — 8-7-707) › Section 8-7-701 - Legislative intent

The purpose of this subchapter is to encourage response actions at federally listed hazardous sites, to facilitate agreements related to property access and use to implement response actions at federally listed hazardous sites, to discourage activities that interfere with or obstruct such response actions, and to provide for the future use of federally listed hazardous sites after remediation.
Acts 1989, No. 350, § 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 7 - FEDERALLY LISTED HAZARDOUS SITES (§§ 8-7-701 — 8-7-707) › Section 8-7-702 - Definitions

As used in this subchapter:
(1)
"Hazardous site" means any geographic area located, in whole or in part, in the State of Arkansas, access to or use of which is determined by the Division of Environmental Quality to be necessary or appropriate to implement a response ordered by the President of the United States;
(2)
(A)
"Hazardous substance" means:
(i)
Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act,
33 U.S.C. § 1321(b)(2)(A)
;
(ii)
Any element, compound, mixture, solution, or substance designated pursuant to § 102 of the Federal Water Pollution Control Act,
33 U.S.C. § 1252
;
(iii)
Any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act,
42 U.S.C. § 6921
, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of the United States Congress;
(iv)
Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act,
33 U.S.C. § 1317(a)
;
(v)
Any hazardous air pollutant listed under § 112 of the Clean Air Act,
42 U.S.C. § 7412
; and
(vi)
Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to § 7 of the Toxic Substances Control Act,
15 U.S.C. § 2606
.
(B)
"Hazardous substance" does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subdivisions (2)(A)(i)-(vi) of this section.
(C)
"Hazardous substance" does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas;
(3)
"Passive-site owner" means any person or entity owning any interest in any portion of a hazardous site, whether as owner, joint tenant, lessee, mortgagee, licensee, easement holder, mineral owner, or otherwise, and who has not entered into an agreement pursuant to
42 U.S.C. § 9622
for that hazardous site;
(4)
"Response costs" means all amounts of removal or remedial action, including any costs and expenses incurred as a result of contractor delays, and other necessary amounts, including attorney's fees and expenses reasonably incurred by any entity, including, but not limited to, the United States, the State of Arkansas, the governments of any other states, corporations, partnerships, and private citizens to investigate and secure a response action at a hazardous site; and
(5)
"Settling party" means any person who has entered into an agreement with the United States pursuant to
42 U.S.C. § 9622
.
Amended by Act 2019, No. 910,§ 2777, eff. 7/1/2019.
Acts 1989, No. 350, § 2; 1999, No. 1164, § 102.
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 7 - FEDERALLY LISTED HAZARDOUS SITES (§§ 8-7-701 — 8-7-707) › Section 8-7-703 - Interference by passive-site owners

(a)
No passive-site owner shall unduly impede or interfere with the efforts of a settling party to carry out an approved response action at a hazardous site.
(b)
Any passive-site owner who violates subsection (a) of this section shall be liable for any response costs resulting from such violation.
Acts 1989, No. 350, §§ 3, 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 7 - FEDERALLY LISTED HAZARDOUS SITES (§§ 8-7-701 — 8-7-707) › Section 8-7-704 - Injunction

The circuit court of the county in which the hazardous site is located shall have jurisdiction to enjoin any passive-site owner from unduly impeding or interfering with the implementation of a response action at such hazardous site.
Acts 1989, No. 350, § 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 7 - FEDERALLY LISTED HAZARDOUS SITES (§§ 8-7-701 — 8-7-707) › Section 8-7-705 - Restrictions on use of hazardous substances

Construction on or at a hazardous site and the use of such hazardous site for any residential, commercial, manufacturing, industrial, or recreational purposes shall be prohibited unless and until the Division of Environmental Quality issues an order terminating, wholly or partially, such prohibitions. Such order shall be subject to the procedural guidelines set forth in §§
8-4-212
-
8-4-214
and
8-4-222
-
8-4-229
of the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq.
Amended by Act 2019, No. 910,§ 2778, eff. 7/1/2019.
Acts 1989, No. 350, § 6; 1999, No. 1164, § 103.
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 7 - FEDERALLY LISTED HAZARDOUS SITES (§§ 8-7-701 — 8-7-707) › Section 8-7-706 - Ad valorem tax exemption

Upon initiation of a response action at a hazardous site, such hazardous site shall be appraised at no value for purposes of any ad valorem taxes levied by any state, county, or local governmental authority unless and until the Division of Environmental Quality issues an order wholly terminating the construction and use prohibitions established by §
8-7-705
. This section shall not apply to the interest in such hazardous site owned by any passive-site owner or its successors and assigns that have violated §
8-7-703(a)
.
Amended by Act 2019, No. 910,§ 2779, eff. 7/1/2019.
Acts 1989, No. 350, § 7; 1999, No. 1164, § 104.
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 7 - FEDERALLY LISTED HAZARDOUS SITES (§§ 8-7-701 — 8-7-707) › Section 8-7-707 - Director and officer liability

No director or officer of a corporation whose sole purpose as stated in its articles of incorporation is to own, implement a response action at, or hold one (1) or more hazardous sites, shall be liable to any person or entity for any action of the corporation reasonably related to the stated purpose of the corporation. This section shall not apply to any action of the corporation resulting from the gross negligence or willful misconduct of a director or officer of said corporation.
Acts 1989, No. 350, § 8.
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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-803 - Rules generally

Any rules promulgated under this subchapter shall as much as possible be identical to and no more stringent than the federal regulations adopted by the United States Environmental Protection Agency.
Amended by Act 2019, No. 315,§ 646, eff. 7/24/2019.
Acts 1989, No. 172, § 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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-804 - Procedures generally

The procedure of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§
8-4-101
-
8-4-106
and
8-4-201
-
8-4-229
, including, but not limited to, §§
8-4-205
,
8-4-210
,
8-4-212
-
8-4-214
, and
8-4-218
-
8-4-229
to the extent they are not in conflict with the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 647, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2787, eff. 7/1/2019.
Acts 1989, No. 172, § 4; 1993, No. 810, § 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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-805 - License requirement

(a)
It shall be unlawful for an individual to certify the installation or testing of an underground storage tank unless the individual has been duly licensed by the Division of Environmental Quality.
(b)
(1)
Furthermore, no licensee shall install, remove, repair, close, upgrade, or test any underground storage tank unless the licensee or the contracting company by whom he or she is employed has purchased a surety bond, letter of credit, or cash bond:
(A)
In the amount of at least twenty-five thousand dollars ($25,000); and
(B)
Which provides that the division is the obligee or payee of the instrument and otherwise complies with the rules promulgated under this subchapter.
(2)
The surety bond shall be issued by a company authorized to do business in the State of Arkansas and executed by an Arkansas agent.
(c)
Licensees whose installation or testing activities are limited to their own or their employers' companies' underground storage tanks are exempt from the requirement to meet the financial responsibility requirements provided by this section.
(d)
In the event the licensee or contracting company fails to properly install, remove, repair, close, upgrade, or test any underground storage tank pursuant to state law or rule, the Director of the Division of Environmental Quality shall commence proceedings to collect on the surety bond, letter of credit, or cash bond on which the division is the obligee or payee.
Amended by Act 2019, No. 315,§ 649, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 648, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2790, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2789, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2788, eff. 7/1/2019.
Acts 1989, No. 172, § 5; 1991, No. 1186, § 1; 1993, No. 1019, § 1; 1999, No. 601, § 1; 1999, No. 1164, § 106; 2003, No. 1203, § 1; 2005, No. 193, §§ 1, 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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-808 - Regulated Substance Storage Tank Program Fund

There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Regulated Substance Storage Tank Program Fund". Such Regulated Substance Storage Tank Program Fund shall consist of federal funds, any necessary state matching funds as may be provided by the General Assembly, licensure fees, annual registration fees, and any moneys recovered by the Division of Environmental Quality which are attributable to collections of civil penalties under §
8-7-806
or to costs under §
8-7-807
not owed the Petroleum Storage Tank Trust Fund. All said moneys shall be deposited as special revenues to be used in the administration of this subchapter.
Amended by Act 2019, No. 910,§ 2797, eff. 7/1/2019.
Acts 1989, No. 172, § 8.
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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-809 - Corrective actions - Orders of director

(a)
Nothing in this subchapter or the rules promulgated under this subchapter shall prevent any person from undertaking corrective action which would provide reasonable protection of public health and safety and the environment.
(b)
(1)
Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the release may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare or the environment may, without notice or hearing, issue an order reciting the existence of such an imminent hazard and emergency and requiring that such action be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency.
(2)
The order of the director may include, but is not limited to, directing the owner or operator of the site which constitutes the hazard to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard, and, with respect to a facility or site, the director may order cessation of operation.
(3)
Any person to whom the order is directed shall comply with it immediately, but, upon written application to the director within ten (10) days of the issuance of the order, that person shall be afforded a hearing before the Arkansas Pollution Control and Ecology Commission within ten (10) days after receipt of the written request.
(4)
On the basis of the hearing, the commission shall continue the order in effect or shall revoke or modify it.
Amended by Act 2019, No. 315,§ 658, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2798, eff. 7/1/2019.
Acts 1989, No. 172, § 9; 1993, No. 810, § 6.
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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-810 - Insurance pools

(a)
Owners or operators of storage tanks who are unable to demonstrate financial responsibility in the minimum amounts specified by the Division of Environmental Quality may establish an insurance pool in order to demonstrate such financial responsibility.
(b)
(1)
The formation and operation of an insurance pool under this section shall be subject to approval by the Insurance Commissioner, who shall, after notice and hearing, establish through rules a method for approval and monitoring of such insurance pools.
(2)
Such rules may include:
(A)
Provisions for periodic examinations of financial condition, including inspection of books, papers, accounts, and affairs of the plan;
(B)
Conditions for participation in the plan;
(C)
Minimum amounts of cash reserves and insurance coverage to be acquired;
(D)
Requirements for sound management of the plan;
(E)
Grounds for suspension or withdrawal of approval of the plan; and
(F)
Grounds for termination of the plan.
Amended by Act 2019, No. 315,§ 659, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2799, eff. 7/1/2019.
Acts 1989, No. 172, § 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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-811 - Trade secrets

(a)
Any records, reports, or information obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality or by the department's or division's employees in the administration of this subchapter, except release data, shall be kept confidential upon a showing satisfactory to the Director of the Division of Environmental Quality that the records, reports, or information would constitute a trade secret under §
4-75-601
et seq.
(b)
As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter.
(c)
The provisions of this section shall not be construed to limit the division's authority to release confidential information during emergency situations.
(d)
Any violation of this section is a Class A misdemeanor.
Amended by Act 2019, No. 693,§ 23, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2800, eff. 7/1/2019.
Acts 1989, No. 172, § 11; 1993, No. 810, § 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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-812 - Subchapter controlling over other laws

(a)
This subchapter shall supersede and preempt all local government laws, ordinances, rules, and regulations pertaining to underground storage tanks, except for any applicable local building permit or fire code requirements pertaining to installation of underground storage tanks.
(b)
The provisions of this subchapter and the rules promulgated pursuant to this subchapter shall govern if they conflict with the provisions of the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq., the Arkansas Solid Waste Management Act, §
8-6-201
et seq., or the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq., or any action taken by the Division of Environmental Quality under the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq., the Arkansas Solid Waste Management Act, §
8-6-201
et seq., or the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq.
Amended by Act 2019, No. 315,§ 660, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2801, eff. 7/1/2019.
Acts 1989, No. 172, § 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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-813 - Registration

(a)
Except as provided under subsections (e) and (f) of this section, all owners and operators of storage tanks shall register their storage tanks as required by federal regulations and in accordance with the rules adopted under this subchapter.
(b)
(1)
Except as provided under subsections (e) and (f) of this section, all owners and operators shall maintain proof of current and proper registration at the registered facility and post the proof in a conspicuous place on-site.
(2)
Proof of registration shall be in the form determined by rules adopted under this subchapter.
(c)
(1)
If a storage tank is required to be registered under this subchapter, the owner or operator shall not receive any regulated substance into any storage tank for which current and proper proof of registration has not been provided to the person selling the regulated substance.
(2)
A person selling any regulated substance shall not deliver or cause to be delivered a regulated substance into any storage tank for which he or she has not obtained current and proper proof of registration from the owner or operator.
(d)
Any person violating this section is subject to §
8-7-806
.
(e)
This subchapter does not apply to aboveground storage tanks located on farms, the contents of which are used for agricultural purposes and not held for resale.
(f)
An aboveground storage tank that contains petroleum may be registered under this subchapter at the option of the owner or operator for the purpose of allowing potential eligibility for reimbursement under the Petroleum Storage Tank Trust Fund Act, §
8-7-901
et seq.
Amended by Act 2019, No. 315,§ 662, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 661, eff. 7/24/2019.
Amended by Act 2017, No. 584,§ 1, eff. 8/1/2017.
Acts 1993, No. 810, § 8.
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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-814 - Delivery prohibition

(a)
It shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the Division of Environmental Quality to be ineligible for fuel delivery or deposit.
(b)
The Arkansas Pollution Control and Ecology Commission shall adopt rules to implement the criteria and process required by the delivery prohibition requirements of the Energy Policy Act of 2005, Pub. L. No. 109-58, and the rules shall consist of, at a minimum, the federal guidelines for determining the significant operational compliance of underground storage tank systems.
(c)
In order to prevent the delivery of a regulated substance into an underground storage tank system that has been identified by the division to be ineligible for fuel delivery or deposit, the division shall affix a tamper-proof tag, seal, or other device blocking the fill pipes of the ineligible underground storage tank. This affixed notice shall serve as written notification to the owner, the operator, and the product delivery industry.
(d)
No owner or operator shall receive any regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed.
(e)
No person selling any regulated substance shall deliver or cause to be delivered a regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed.
(f)
It shall be unlawful for any person, other than an authorized representative of the division, to remove, tamper with, destroy, or damage a device affixed to any underground storage tank by division personnel.
(g)
Any person violating any provision of this section shall be subject to an assessment of an administrative civil penalty as set forth in this subchapter.
Amended by Act 2019, No. 315,§ 663, eff. 7/24/2019.
Acts 1999, No. 505, § 1; 2007, No. 264, § 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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-816 - Secondary containment

(a)
(1)
Each new underground storage tank or piping connected to any new underground storage tank shall be secondarily contained and monitored for leaks.
(2)
In the case of a new underground storage tank system consisting of one (1) or more underground storage tanks and connected by piping, the requirement to provide secondary containment shall apply to all underground storage tanks and connected pipes comprising such underground storage tank system.
(b)
(1)
Any existing underground storage tank or existing piping connected to an existing underground storage tank that is replaced shall be secondarily contained and monitored for leaks.
(2)
In the case of a replacement of an existing underground storage tank or existing piping connected to the underground storage tank, the requirement to provide secondary containment shall apply only to the specific underground storage tank or piping being replaced, not to other underground storage tanks and connected pipes comprising such underground storage tank system.
(c)
(1)
Each installation of a new motor fuel dispenser system or replacement of an existing motor fuel dispenser system shall include under-dispenser spill containment.
(2)
A motor fuel dispenser system is considered to have been replaced when an existing motor fuel dispenser and the equipment necessary to connect the motor fuel dispenser to the underground storage tank system are removed and another motor fuel dispenser and the equipment necessary to connect the motor fuel dispenser to the underground storage tank system are put in its place.
(d)
All secondary containment installed shall comply with federal regulations for underground storage tanks and the rules adopted under this subchapter.
(e)
Any person violating any provision of this section shall be subject to the provisions of §
8-7-806
.
Amended by Act 2019, No. 315,§ 664, eff. 7/24/2019.
Amended by Act 2017, No. 534,§ 4, eff. 8/1/2017.
Amended by Act 2017, No. 534,§ 3, eff. 8/1/2017.
Amended by Act 2017, No. 534,§ 2, eff. 8/1/2017.
Amended by Act 2017, No. 534,§ 1, eff. 8/1/2017.
Acts 2007, No. 264, § 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 8 - REGULATED SUBSTANCE STORAGE TANKS (§§ 8-7-801 — 8-7-817) › Section 8-7-817 - Operator training

(a)
All operators of underground storage tank systems shall complete training in the operation and maintenance of underground storage tank systems in accordance with rules promulgated under this section.
(b)
For purposes of compliance with this section, the following persons shall be considered "operators" required to receive operator training:
(1)
Persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;
(2)
Persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems; and
(3)
Daily on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.
Amended by Act 2019, No. 315,§ 665, eff. 7/24/2019.
Acts 2007, No. 264, § 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 9 - PETROLEUM STORAGE TANK TRUST FUND ACT (§§ 8-7-901 — 8-7-909) › Section 8-7-901 - Title

This subchapter may be known and may be cited as the "Petroleum Storage Tank Trust Fund Act".
Acts 1989, No. 173, § 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 9 - PETROLEUM STORAGE TANK TRUST FUND ACT (§§ 8-7-901 — 8-7-909) › Section 8-7-903 - Rules - Powers of division

(a)
The Secretary of the Department of Finance and Administration is authorized to adopt appropriate rules not inconsistent with this subchapter as he or she may deem necessary to carry out the intent and purposes of and to assure compliance with this subchapter.
(b)
The Arkansas Pollution Control and Ecology Commission is authorized to adopt appropriate rules not inconsistent with this subchapter to carry out the intent and purposes of and to assure compliance with this subchapter.
(c)
The Division of Environmental Quality shall have the authority to enter upon the property of any owner or operator of an aboveground storage tank to obtain information, conduct surveys, or review records for the purpose of determining substantial compliance, as defined by this subchapter and rules promulgated thereunder, with all state laws and rules and federal laws and regulations relating to aboveground storage tanks prior to the secretary's approval of a claim for reimbursement or disbursement.
Amended by Act 2019, No. 315,§ 666, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2805, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2804, eff. 7/1/2019.
Acts 1989, No. 173, § 5; 1989 (3rd Ex. Sess.), No. 65, § 7; 1993, No. 951, § 2; 1997, No. 641, § 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 9 - PETROLEUM STORAGE TANK TRUST FUND ACT (§§ 8-7-901 — 8-7-909) › Section 8-7-909 - Confidential treatment of information

(a)
Any records, reports, or information obtained by the Division of Environmental Quality, the Department of Energy and Environment, or the division's or department's employees in the administration of this subchapter, except release data, shall be kept confidential upon a showing satisfactory to the Director of the Division of Environmental Quality that the records, reports, or information would constitute a trade secret under §
4-75-601
et seq.
(b)
As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter.
(c)
The provisions of this section shall not be construed to limit the division's authority to release confidential information during emergency situations.
(d)
Any violation of this section is a Class A misdemeanor.
Amended by Act 2019, No. 693,§ 24, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2826, eff. 7/1/2019.
Acts 1993, No. 951, § 8.
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 8-7-1001 - Title

The provisions of this subchapter shall be known and may be cited as the "Public Employees' Chemical Right to Know Act".
Acts 1991, No. 556, § 1; 1991, No. 1172, § 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 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1002 - Legislative findings and purpose

(a)
The General Assembly finds that the proliferation and variety of hazardous chemicals present in government employment may affect the health, safety, and welfare of public employees of the State of Arkansas.
(b)
The General Assembly also finds that most private employers, in compliance with United States Occupational Safety and Health Administration regulations, provide their employees with training, information, and other protections concerning chemical hazards, but that public employees of the State of Arkansas and its political subdivisions are not subject to United States Occupational Safety and Health Administration regulations and do not receive the benefits of these protections.
(c)
It is the purpose of this subchapter to provide public employees access to training and information concerning hazardous chemicals to enable them to minimize their exposure to such hazardous chemicals and protect their health, safety, and welfare.
Acts 1991, No. 556, § 2; 1991, No. 1172, § 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 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1003 - Definitions

(a)
As used in this subchapter:
(1)
"Chemical manufacturer" means an employer with a workplace where chemicals are produced for use or distribution;
(2)
"Distributor" means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to employers;
(3)
"Exposure" or "exposed" means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact, or absorption, etc.), and includes potential, e.g., accidental or possible, exposure;
(4)
"Hazard Communication Standard" means the Hazard Communication Standard adopted by the United States Occupational Safety and Health Administration and codified in the Code of Federal Regulations at
29 C.F.R. § 1910.1200
, as of July 1, 1991;
(5)
"Hazardous chemical" means any element, chemical compound, or mixture of elements or compounds which is a physical hazard or a health hazard as defined by the Hazard Communication Standard;
(6)
"Label" or "labeling" means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals;
(7)
"Material safety data sheet" means written or printed material concerning a hazardous chemical which is prepared in accordance with the Hazard Communication Standard;
(8)
(A)
"Public employee" means any employee of a public employer who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies.
(B)
Office workers and nonresident management are not generally included unless their job performance routinely involves potential exposure to hazardous chemicals;
(9)
"Public employer" means the State of Arkansas and each political subdivision thereof, as defined in §
21-5-603(b)
;
(10)
"Trade secret" is defined in accordance with §
4-75-601(4)
;
(11)
"Work area" means a room or defined space in a workplace where hazardous chemicals are produced or used and where public employees are present;
(12)
"Workplace" means an establishment, job site, or project at one (1) geographical location containing one (1) or more work areas under a public employer's control or direction; and
(13)
"Workplace chemical list" means a list of hazardous chemicals in a workplace developed pursuant to §
8-7-1007
.
(b)
All other definitions of the Hazard Communication Standard as they exist on the date of enactment of this subchapter are hereby adopted and incorporated by reference.
Amended by Act 2019, No. 910,§ 5267, eff. 7/1/2019.
Acts 1991, No. 556, § 3; 1991, No. 1172, § 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 10 - PUBLIC EMPLOYEES' CHEMICAL RIGHT TO KNOW ACT (§§ 8-7-1001 — 8-7-1016) › Section 8-7-1004 - Duties of public employers

Each public employer shall do the following:
(1)
Post adequate notice, as provided by the Director of the Division of Labor, at locations where notices are normally posted, informing public employees about their rights under this subchapter;
(2)
Ensure proper hazardous chemical labeling in accordance with §
8-7-1005
;
(3)
Maintain and make available material safety data sheets in accordance with §
8-7-1006
;
(4)
Compile and maintain a workplace chemical list in accordance with §
8-7-1007
;
(5)
Provide public employee information and training in accordance with §
8-7-1008
; and
(6)
Handle trade secrets in accordance with §
8-7-1012
.
Amended by Act 2019, No. 910,§ 5268, eff. 7/1/2019.
Acts 1991, No. 556, § 4; 1991, No. 1172, § 4.