reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-307 - Private rights unchanged

(a)
Persons other than the state or the Division of Environmental Quality shall not acquire actionable right by virtue of this subchapter. The basis for proceedings that result from violation of any standard or rule promulgated by the Arkansas Pollution Control and Ecology Commission shall inure solely to and shall be for the benefit of the people of the state generally, and it is not intended to create in any way new rights or to enlarge existing rights or to abrogate existing private rights.
(b)
A determination by the division that air pollution or air contamination exists or that any standard or rule has been violated, whether or not a proceeding or action is brought by the state, shall not create, by reason thereof, any presumption of law or finding of fact that shall inure to or be for the benefit of any person other than the state.
Amended by Act 2019, No. 315,§ 488, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2523, eff. 7/1/2019.
Acts 1949, No. 472, [Part 2], § 14, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1943; Acts 1997, No. 1219, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-308 - Industrial secrets confidential

(a)
(1)
(A)
Any information that constitutes a trade secret under §
4-75-601
et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administration of this chapter shall be kept confidential, except for emission data that is submitted to the state, local agency, or the United States Environmental Protection Agency, which is otherwise obtained by any of those agencies pursuant to the Clean Air Act.
(B)
Only such emission data is to be publicly available.
(2)
(A)
The manner and rate of operation of the source, if such information is a trade secret, shall be kept confidential.
(B)
Provided, that the identity, amount, frequency, and concentration of the emissions is publicly available.
(b)
Any violation of this section is a misdemeanor punishable under §
8-4-103
.
Amended by Act 2019, No. 693,§ 9, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2524, eff. 7/1/2019.
Acts 1949, No. 472, [Part 2], § 7, as added by Acts 1965, No. 183, § 7; 1983, No. 657, § 1; 1985, No. 763, § 1; A.S.A. 1947, § 82-1937; Acts 1995, No. 907, § 1; 1997, No. 1219, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-309 - Construction limited - Exception

(a)
Nothing contained in this subchapter shall be construed as amending or repealing §
20-21-201
et seq. concerning the control of radiation or as granting to the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission any jurisdiction or authority with respect to air conditions existing solely within the property boundaries of any plant, works, or shop or with respect to employer-employee relationships as to health and safety hazards.
(b)
Notwithstanding the preceding limitation, the division and the commission shall have jurisdiction and authority over air conditions associated with the removal, encapsulation, enclosure, transportation, or disposal of asbestos-containing material regardless of whether such removal, encapsulation, enclosure, transportation, or disposal is conducted within the property boundaries of any plant, works, or shop.
Amended by Act 2019, No. 910,§ 2525, eff. 7/1/2019.
Acts 1949, No. 472, [Part 2], § 13, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1942; Acts 1989, No. 559, § 1; 1997, No. 1219, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-310 - Unlawful actions

(a)
It is a misdemeanor punishable under §
8-4-103
:
(1)
To knowingly cause air pollution as defined in §
8-4-303
;
(2)
To construct, install, use, or operate any source capable of emitting air contaminants without having first obtained a permit to do so, if required by rule of the Arkansas Pollution Control and Ecology Commission, or to do so contrary to the provisions of any permit issued by the Division of Environmental Quality or after any such permit has been suspended or revoked; or
(3)
To violate any rule or order of the commission issued pursuant to this chapter.
(b)
The liabilities imposed for violation of subdivisions (a)(1)-(3) of this section or any other provision of this chapter shall not apply with respect to any unintended violation caused by war, strike, riot, or other catastrophe, or accidental breakdown of equipment if promptly repaired.
Amended by Act 2019, No. 315,§ 489, eff. 7/24/2019.
Amended by Act 2019, No. 693,§ 10, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2526, eff. 7/1/2019.
Acts 1949, No. 472, [Part 2], § 8, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1938; Acts 1997, No. 1219, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-312 - Factors in exercise of powers

In exercising their powers and responsibilities under this chapter, the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall take into account and give consideration to the following factors:
(1)
The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state;
(2)
Existing physical conditions and topography;
(3)
Prevailing wind directions and velocities;
(4)
Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions;
(5)
Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight;
(6)
The predominant character of development of the area of the state such as residential, highly developed industrial, commercial, or other characteristics;
(7)
Availability of air-cleaning devices;
(8)
Economic feasibility of air-cleaning devices;
(9)
Effect on normal human health of particular air contaminants;
(10)
Effect on efficiency of industrial operation resulting from use of air-cleaning devices;
(11)
The extent of danger to property in the area reasonably to be expected from any particular air contaminant;
(12)
Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that can reasonably be expected from air contaminants;
(13)
The volume of air contaminants emitted from a particular class of air contamination sources;
(14)
The economic and industrial development of the state and the social and economic value of the air contamination sources;
(15)
The maintenance of public enjoyment of the state's natural resources; and
(16)
Other factors that the division or the commission may find applicable.
Amended by Act 2019, No. 910,§ 2538, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2537, eff. 7/1/2019.
Acts 1949, No. 472, [Part 2], § 6, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1936; Acts 1997, No. 1219, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-313 - Variance from rules or general orders

(a)
(1)
The Arkansas Pollution Control and Ecology Commission may grant specific variances from the particular requirements of any rule or general order to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may deem necessary to protect the public health and welfare, if it finds that strict compliance with the rule or general order is inappropriate because of conditions beyond the control of the person granted the variance or because of special circumstances that would render strict compliance unreasonable, unduly burdensome, or impractical due to special physical conditions or causes or because strict compliance would result in substantial curtailment or closing down of a business, plant, or operation or because no alternative facility or method of handling is yet available.
(2)
Variances may be limited in time.
(3)
In determining whether or not a variance shall be granted, the commission shall weigh the equities involved and the relative advantages and disadvantages to the residents and the occupation and activity affected.
(b)
(1)
Any person seeking a variance shall do so by filing a petition for a variance with the Director of the Division of Environmental Quality.
(2)
(A)
The director shall promptly investigate the petition and make a recommendation to the commission as to the disposition thereof.
(B)
(i)
If the recommendation is against the granting of the variance, a hearing shall be held thereon after not less than ten (10) days, prior to notice to the petitioner.
(ii)
If the recommendation of the director is for the granting of a variance, the commission may do so without a hearing. However, upon the petition of any person aggrieved by the granting of a variance, a public hearing shall be held.
(c)
(1)
A variance granted may be revoked or modified by the commission after a public hearing held upon not less than ten (10) days' prior notice.
(2)
The notice shall be served upon all persons known to the commission that will be subjected to greater restrictions if the variance is revoked or modified, that are likely to be affected, or that have filed with the commission a written request for such notification.
Amended by Act 2019, No. 315,§ 500, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2539, eff. 7/1/2019.
Acts 1949, No. 472, [Part 2], § 9, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1939; Acts 1997, No. 1219, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 4 - ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (§§ 8-4-101 — 8-4-401) › Subchapter 3 - AIR POLLUTION (§§ 8-4-301 — 8-4-318) › Section 8-4-315 - Permits

The Arkansas Department of Environmental Quality is authorized to require, issue, and enforce operating permits for major sources in satisfaction of Title V of the Clean Air Act Amendments of 1990,
42 U.S.C. § 7661
et seq.
Acts 1995, No. 384, § 11; 1997, No. 310, § 2; 1999, No. 1164, § 34.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 2 - WASTEWATER TREATMENT PLANTS (§§ 8-5-201 — 8-5-209) › Section 8-5-201 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Commission" means the Arkansas Pollution Control and Ecology Commission or its successor;
(2)
"License" means a certificate of competency issued by the Division of Environmental Quality to operators who have met the requirements of the licensing program;
(3)
"Licensing committee" means the committee of operators and technicians established in this subchapter to assist and advise the division in the examining and licensing of operators;
(4)
(A)
"Operator" means any person who is in responsible charge of the operation of a wastewater treatment plant, in whole or in part, and who, during the performance of his or her regular duties, exercises individual judgment which directly or indirectly may affect the proper operation of the wastewater treatment plant.
(B)
"Operator" shall not be deemed to include an official solely exercising general administrative supervision; and
(5)
"Wastewater treatment plant" means any plant, disposal field, lagoon, pumping station, or other works:
(A)
That use chemical or biological processes for:
(i)
Treating, stabilizing, or disposing of sewage, industrial wastewaters, or other wastewaters; or
(ii)
The reduction and handling of sludge removed from such wastewater; and
(B)
From which:
(i)
A discharge to the waters of the state occurs; or
(ii)
Municipal wastewater is land-applied.
Amended by Act 2019, No. 910,§ 2554, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2553, eff. 7/1/2019.
Acts 1971, No. 211, § 2; A.S.A. 1947, § 82-1984; Acts 1997, No. 1219, § 7; 1999, No. 719, § 1; 1999, No. 1164, § 39.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 2 - WASTEWATER TREATMENT PLANTS (§§ 8-5-201 — 8-5-209) › Section 8-5-202 - Penalty and injunctions

(a)
A violation of any provision of this subchapter or of any rule issued pursuant to this subchapter shall constitute a misdemeanor and upon conviction shall be punishable as such. Each day's continuance of a violation shall constitute a separate offense.
(b)
Any violation of this subchapter shall be subject to injunction proceedings brought by the Division of Environmental Quality in a court of competent jurisdiction.
(c)
A violation of any provision of this subchapter or of any rule promulgated under this subchapter is grounds for an administrative revocation or suspension of the operator's license by the division.
Amended by Act 2019, No. 315,§ 503, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 502, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2555, eff. 7/1/2019.
Acts 1971, No. 211, § 9; A.S.A. 1947, § 82-1991; Acts 1997, No. 1219, § 7; 2005, No. 729, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 2 - WASTEWATER TREATMENT PLANTS (§§ 8-5-201 — 8-5-209) › Section 8-5-203 - Unlawful actions

It shall be unlawful for any municipality, governmental subdivision, public or private corporation, or other person to operate a public or private wastewater treatment plant unless the competency of the operator is duly licensed by the Division of Environmental Quality under the provisions of this subchapter. It shall further be unlawful for any person to perform the duties of an operator of any such wastewater treatment plant without being duly licensed under this subchapter.
Amended by Act 2019, No. 910,§ 2556, eff. 7/1/2019.
Acts 1971, No. 211, § 8; A.S.A. 1947, § 82-1990; Acts 1991, No. 1103, § 1; 1997, No. 1219, § 7.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 2 - WASTEWATER TREATMENT PLANTS (§§ 8-5-201 — 8-5-209) › Section 8-5-204 - Licensing committee

(a)
(1)
There is created and established a licensing committee to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program.
(2)
The committee shall be composed of eight (8) members:
(A)
Five (5) members, to be appointed by the commission, of which three (3) members shall be active wastewater treatment plant operators licensed by the commission and two (2) members shall be employed by a private corporation or industry located in Arkansas and nominated at large by the corporations or industries for service on the committee;
(B)
One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a wastewater treatment plant who holds the position of chief administrative officer, city engineer, director of public utilities, or other equivalent position;
(C)
One (1) member, to be appointed by the commission, shall be a faculty member of an accredited college, university, or professional school in this state whose major field is related to water resources or sanitary engineering; and
(D)
One (1) member shall be the Director of the Division of Environmental Quality or a qualified member of his or her staff who shall act as executive secretary of the committee.
(b)
(1)
In the event of a vacancy, a new member shall be appointed by the commission to serve out the unexpired term.
(2)
No member appointed by the commission shall serve more than two (2) consecutive three-year terms.
(c)
(1)
State agency members of the committee shall receive no additional salary or per diem for their services as members of the committee, but they may receive expense reimbursement in accordance with §
25-16-901
et seq.
(2)
The members appointed by the commission may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Amended by Act 2023, No. 390,§ 4, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 2558, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2557, eff. 7/1/2019.
Acts 1971, No. 211, § 6; A.S.A. 1947, § 82-1988; Acts 1993, No. 556, § 1; 1997, No. 250, § 46; 1997, No. 697, § 2; 1997, No. 1219, § 7; 1999, No. 719, §§ 2, 3; 1999, No. 1164, § 40.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 2 - WASTEWATER TREATMENT PLANTS (§§ 8-5-201 — 8-5-209) › Section 8-5-205 - Powers and duties generally

(a)
The Division of Environmental Quality or its successor shall be charged with the responsibility of administering and enforcing this subchapter, with the advice and assistance of the licensing committee, and is given and charged with the following powers and duties:
(1)
To conduct examinations for licensing, which shall be conducted at least annually and more frequently as the Arkansas Pollution Control and Ecology Commission shall deem necessary;
(2)
To issue licenses to qualified wastewater treatment plant operators, to renew those licenses, and to suspend or revoke the licenses for cause, after due notice and hearing;
(3)
To institute court proceedings to compel compliance with the provisions of this subchapter and the rules issued pursuant thereto; and
(4)
To participate financially in programs sponsored by the Arkansas Water Works and Water Environment Association, Inc. or its successor, provided that the participation shall not exceed the sum of one thousand dollars ($1,000) per fiscal year.
(b)
(1)
The commission shall serve as the rulemaking and appointment authority for implementation of this subchapter.
(2)
The commission's powers shall include:
(A)
To adopt rules implementing and effectuating this subchapter as may be necessary for the administration and enforcement thereof;
(B)
To make appointments to the committee in accordance with this subchapter; and
(C)
To set reasonable licensure and examination fees to cover the costs of administration of this subchapter.
Amended by Act 2019, No. 315,§ 504, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2559, eff. 7/1/2019.
Acts 1971, No. 211, § 3; A.S.A. 1947, § 82-1985; Acts 1993, No. 556, § 2; 1997, No. 1219, § 7; 1999, No. 1164, § 41.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 2 - WASTEWATER TREATMENT PLANTS (§§ 8-5-201 — 8-5-209) › Section 8-5-206 - Classification of wastewater treatment plants

(a)
The Arkansas Pollution Control and Ecology Commission shall, through rules, classify all wastewater treatment plants, taking into account:
(1)
The size, type, and complexity of the wastewater treatment plant;
(2)
The character and volume of wastewater treated;
(3)
The population served;
(4)
The skill, knowledge, and experience reasonably required to supervise the proper operation of the wastewater treatment plant; and
(5)
Such other factors as the commission shall deem appropriate.
(b)
The Division of Environmental Quality shall license persons as to their qualifications to supervise successfully the proper operation of wastewater treatment plants within classifications based on the recommendations of the licensing committee.
Amended by Act 2019, No. 315,§ 505, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2560, eff. 7/1/2019.
Acts 1971, No. 211, § 5; A.S.A. 1947, § 82-1987; Acts 1997, No. 1219, § 7.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 2 - WASTEWATER TREATMENT PLANTS (§§ 8-5-201 — 8-5-209) › Section 8-5-207 - Operators to be licensed

In order to safeguard the public health and protect the waters of this state from pollution, all operators in responsible charge of public or private wastewater treatment plants shall be duly licensed and certified as competent by the Division of Environmental Quality under the provisions of this subchapter and under such rules as the Arkansas Pollution Control and Ecology Commission may adopt, with the advice and assistance of the licensing committee, pursuant to the authority of this subchapter. All rules promulgated pursuant to this subchapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.
Amended by Act 2019, No. 315,§ 506, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2561, eff. 7/1/2019.
Acts 1971, No. 211, § 1; A.S.A. 1947, § 82-1983; Acts 1991, No. 1103, § 2; 1997, No. 179, § 2; 1997, No. 1219, § 7.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 2 - WASTEWATER TREATMENT PLANTS (§§ 8-5-201 — 8-5-209) › Section 8-5-208 - License requirements

(a)
The Division of Environmental Quality shall license and certify all applicants for licenses under this subchapter who satisfy the requirements of this subchapter and the rules issued pursuant to this subchapter. Licenses shall be granted according to the classification of wastewater treatment plants established under this subchapter. Licenses shall be valid for a period of two (2) years and shall be renewable upon application without examination.
(b)
All operators of wastewater treatment plants within the state shall apply to the division for a license.
(c)
In its discretion, the division may waive the requirements or any part of the requirements for formal examination of an applicant for license if the applicant holds a valid license or certificate from another state in which the requirements for license in the appropriate classification are at least equal to the requirements set forth in this subchapter and the rules issued pursuant to this subchapter.
Amended by Act 2019, No. 315,§ 508, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 507, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2562, eff. 7/1/2019.
Acts 1971, No. 211, § 4; A.S.A. 1947, § 82-1986; Acts 1997, No. 1219, § 7; 2005, No. 729, § 2; 2007, No. 544, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 2 - WASTEWATER TREATMENT PLANTS (§§ 8-5-201 — 8-5-209) › Section 8-5-209 - Fees - Wastewater Licensing Fund

(a)
(1)
The Arkansas Pollution Control and Ecology Commission shall have the authority to set fees in an amount to cover the cost of the administration of this subchapter.
(2)
(A)
Licensing and examination fees shall be set forth by rule.
(B)
However, the licensing and examination fees shall not exceed the reasonable administrative costs of:
(i)
For the licensing fee, evaluating and taking action on permit applications and implementing and enforcing the terms and conditions of the permits and variances; and
(ii)
For the examination fee, administering the examination.
(b)
All fees collected under this section shall be deposited into the Wastewater Licensing Fund and may be used only for the administration of this subchapter.
Amended by Act 2023, No. 390,§ 5, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 509, eff. 7/24/2019.
Amended by Act 2019, No. 693,§ 11, eff. 7/24/2019.
Acts 1971, No. 211, § 7; A.S.A. 1947, § 82-1989; Acts 1991, No. 1104, § 1; 1997, No. 288, § 1; 1997, No. 1219, § 7; 1999, No. 777, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 5 - UNDERGROUND SALT WATER DISPOSAL SYSTEMS (§§ 8-5-501 — 8-5-505) › Section 8-5-502 - Penalty for violation of section 8-5-501

Any person violating the provisions of §
8-5-501
shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned not less than thirty (30) days nor more than one (1) year, or be both so fined and imprisoned.
Acts 1959, No. 57, § 8; A.S.A. 1947, § 84-2120.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 5 - UNDERGROUND SALT WATER DISPOSAL SYSTEMS (§§ 8-5-501 — 8-5-505) › Section 8-5-503 - Denial of tax deductions

(a)
Should any individual, partnership, corporation, or employee knowingly or negligently cause, let, or permit salt water to flow, seep, or otherwise escape from the leased premises, the rights of the party to claim tax deductions or credits under §§
8-5-501
,
8-5-502
,
26-58-201
-
26-58-206
,
26-58-207
[repealed], and
26-58-208
-
26-58-210
, will be denied for a period of twelve (12) months.
(b)
(1)
Any individual can file a complaint before the Arkansas Pollution Control and Ecology Commission against anyone for violations of this section and secure a hearing.
(2)
(A)
If the commission should find that the accused has violated this section, then the violator shall be denied any tax exemption for a period of one (1) year.
(B)
Any violation of this section during the period of the suspension shall extend the suspension one (1) year from the date of the last violation.
Acts 1969, No. 254, §§ 1-3; A.S.A. 1947, §§ 84-2120.1 -- 84-2120.3; Acts 2011, No. 791, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 5 - UNDERGROUND SALT WATER DISPOSAL SYSTEMS (§§ 8-5-501 — 8-5-505) › Section 8-5-504 - Chlorides standard

Should the water of any stream of this state have more than two hundred fifty parts per million (250 ppm) of chlorides as a result of a violation of this subchapter, then the Arkansas Pollution Control and Ecology Commission shall seek to learn of the source of the pollution and take steps to eliminate the source of pollution.
Acts 1969, No. 254, § 4; A.S.A. 1947, § 84-2120.4; Acts 2003, No. 1180, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-601 - Title

This subchapter shall be known and cited as the "Arkansas Privatization Act".
Acts 1985, No. 690, § 1; A.S.A. 1947, § 82-1992.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-602 - Legislative policy

The General Assembly declares that the policy of this state is to assure its citizens adequate public services, particularly wastewater projects, and solid waste disposal projects, at reasonable cost, and that such services are essential to the maintenance and general welfare of the citizens of this state and to the continued expansion of the state's economy, job market, and industrial base. However, the cost of constructing, owning, and operating capital facilities to meet the demand for those public services is becoming increasingly burdensome to cities, counties, and improvement districts, and it is desirable that innovative financing mechanisms be made available to assist the communities of this state in developing wastewater projects and solid waste disposal projects at reasonable cost. Private sector ownership and operation of capital facilities providing public services can result in cost savings to communities contracting for those public services. It is, therefore, in the best public interest of the state and its citizens that cities, counties, and improvement districts be authorized to cause such services to be provided by private enterprise and to contract with private owners or operators for providing the services to the public.
Acts 1985, No. 690, § 2; A.S.A. 1947, § 82-1992.1; Acts 1991, No. 629, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-604 - Construction

(a)
This subchapter shall be construed liberally to effect its purposes and neither this subchapter nor anything contained in this subchapter is or shall be construed as a restriction or limitation upon any powers which any local government or private owner or operator might otherwise have under any laws of this state, and the provisions of this subchapter are cumulative to any such powers.
(b)
This subchapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to other laws.
Acts 1985, No. 690, § 9; A.S.A. 1947, § 82-1992.8.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-605 - Applicability

This subchapter does not apply to the disposition of surplus property by a local government, nor to any other action of a local government which is not connected with a privatization contract.
Acts 1985, No. 690, § 6; A.S.A. 1947, § 82-1992.5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-606 - Privatization contracts generally

(a)
Any local government may enter into a privatization contract with a private owner or operator to accomplish the transfer of any local government-owned wastewater project or solid waste disposal project or the designing, construction, operation, maintenance, or financing of cost, or any combination thereof, of a wastewater project or solid waste disposal project, pursuant to the provisions of this subchapter.
(b)
(1)
A local government considering entering into a privatization contract pertaining to its municipally owned wastewater project or solid waste disposal project, or any portion thereof, shall publish notice of its intention to adopt an ordinance to accomplish the privatization.
(2)
The notice shall:
(A)
Set forth a brief summary of the privatization contract provisions; and
(B)
Set a time and place for a public hearing to be conducted by the chief executive.
(3)
The notice shall be published in a newspaper having general circulation within the county in which a substantial portion of the wastewater project or solid waste disposal project is located by one (1) publication each week for a period of two (2) weeks. The first publication shall be not less than fourteen (14) days prior to the adoption of the ordinance approving the execution of the privatization contract.
(c)
The hearing may be held in conjunction with any hearing on the question of issuing bonds to finance the cost of the privatization project, on the question of adoption of the service agreement, or any other question.
(d)
A copy of the proposed privatization contract shall be filed as a public record with the clerk of the local government not less than two (2) weeks prior to the adoption of the ordinance.
Acts 1985, No. 690, § 4; A.S.A. 1947, § 82-1992.3; Acts 1991, No. 629, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-607 - Service agreements generally

(a)
(1)
In connection with a privatization contract, a local government, if authorized by ordinance of its governing body, may enter into one (1) or more service agreements with a private owner or operator pursuant to which the private owner or operator will provide one (1) or more sewer services or solid waste disposal services to or for the benefit of the local government.
(2)
The service agreement may provide for the purchase by the local government of all or any part of the capacity, capability, or output of the facilities used to provide the applicable sewer service or solid waste disposal service and shall contain such other terms and conditions as the local government and the private owner or operator may provide, including without limitation, the charges or rates for the services and a covenant by the local government to maintain rates sufficient to pay debt service incurred in connection with the financing of construction of a wastewater project or solid waste disposal project.
(b)
(1)
Prior to the execution of a service agreement, the local government shall publish notice of its intention to adopt an ordinance to accomplish the service agreement.
(2)
The notice shall:
(A)
Set forth a brief summary of the service agreement provisions; and
(B)
Set a time and place for a public hearing to be conducted by the chief executive.
(3)
The notice shall be published in a newspaper having general circulation within the county in which a substantial portion of the wastewater project or solid waste disposal project is located by one (1) publication each week for a period of two (2) weeks. The first publication shall be not less than fourteen (14) days prior to the adoption of the ordinance approving the execution of the service agreement.
(c)
The hearing may be held in conjunction with any hearing on the question of issuing bonds to finance the cost of the privatization project, on the question of adoption of the service agreement, or any other question.
(d)
A copy of the proposed service agreement shall be filed as a public record with the clerk of the local government not less than two (2) weeks prior to the adoption of the ordinance.
Acts 1985, No. 690, § 5; A.S.A. 1947, § 82-1992.4; Acts 1991, No. 629, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-608 - Privatization contracts and service agreements - Assignment

The privatization contract or the service agreement may be assigned by either party to secure the performance of any obligation in connection with the financing of the construction or operation of a wastewater project or solid waste disposal project.
Acts 1985, No. 690, § 4; A.S.A. 1947, § 82-1992.3; Acts 1991, No. 629, § 7.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-609 - Privatization contracts, service agreements, etc. - Exemption from certain laws

The privatization contract, the service agreement, and any other purchase by the local government in connection with the privatization contract shall not be subject to the provisions of §§
14-22-101
-
14-22-115
,
14-58-201
-
14-58-203
,
14-58-301
-
14-58-303
,
14-58-305
,
14-58-306
[repealed],
14-58-307
, and
14-58-308
or any other law, rule, or regulation requiring competitive bids.
Amended by Act 2019, No. 315,§ 515, eff. 7/24/2019.
Acts 1985, No. 690, § 4; A.S.A. 1947, § 82-1992.3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-610 - Privatization contracts, service agreements, etc. - Exemption from Arkansas Public Service Commission's jurisdiction

The service agreement, the privatization contract, the charges and rates for sewer or other service, and private owners or operators shall not be subject to Acts 1935, No. 324, as amended, and §
23-4-201
, and shall be exempt from the jurisdiction of the Arkansas Public Service Commission and any other successor regulatory agency.
Acts 1985, No. 690, § 5; A.S.A. 1947, § 82-1992.4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-611 - Tax exemption

No income, sales, use, ad valorem, or other tax, assessment, or license shall be levied upon or collected with respect to any property which is held by or purchased by a private owner or operator for the public purpose of performing a privatization contract or a service agreement, since the property benefits the public.
Acts 1985, No. 690, § 7; A.S.A. 1947, § 82-1992.6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 6 - ARKANSAS PRIVATIZATION ACT (§§ 8-5-601 — 8-5-612) › Section 8-5-612 - Wastewater projects and solid waste disposal projects are industrial facilities for other acts

For purposes of any other law, including without limitation, the Municipalities and Counties Industrial Development Revenue Bond Law, §
14-164-201
et seq., "facilities" or a similar term includes a wastewater project or solid waste disposal project as those terms are defined in this subchapter, so that any law adopted authorizing the issuance of industrial development bonds, industrial development revenue bonds, or similar evidences of indebtedness shall be available for utilization in connection with a privatization project.
Acts 1985, No. 690, § 8; A.S.A. 1947, § 82-1992.7; Acts 1991, No. 629, § 8.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 7 - CHRONIC NONCOMPLIANCE (§§ 8-5-701 — 8-5-703) › Section 8-5-701 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Chronic noncompliance" means conditions described in this subchapter that persist at a common sewage system after reasonable efforts by the Division of Environmental Quality to obtain compliance with applicable laws or rules in one (1) of the following:
(A)
Failure to obtain a permit as required by law;
(B)
Four (4) or more permit violations within a six-month period as set out in the permit issued by the division;
(C)
Failure to maintain the services of a certified wastewater treatment operator, where applicable; or
(D)
Demonstrable failure to operate the common sewage system so as to prevent the discharge of waterborne pollutants in unacceptable concentrations, as defined in the individual permit or the state's water quality standards, to the surface waters or groundwater of the state; and
(2)
(A)
"Common sewage system" means any sewage treatment system and its associated sewage collection and pumping facilities, nonmunicipal, publicly or privately owned, serving two (2) or more individually owned, rented, or temporarily occupied lots for the purpose of the collection or disposal of sewage.
(B)
"Common sewage system" includes systems owned or operated by:
(i)
Property owners' associations;
(ii)
Nonmunicipal sewage improvement districts; and
(iii)
Owners or managers of nonmunicipal residential subdivisions.
Amended by Act 2019, No. 315,§ 516, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2563, eff. 7/1/2019.
Acts 1995, No. 336, § 1; 1999, No. 1164, § 45.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 7 - CHRONIC NONCOMPLIANCE (§§ 8-5-701 — 8-5-703) › Section 8-5-703 - Financial assurance requirements for subsequently permitted common sewage systems

(a)
(1)
(A)
The Division of Environmental Quality may require a permitted common sewage system that is in chronic noncompliance to demonstrate to the division its financial ability to cover the estimated costs of operating and maintaining the common sewage system for a minimum period of five (5) years.
(B)
The division may require the permitted common sewage system that is in chronic noncompliance to submit a cost estimate for a third party to operate and maintain the common sewage system each year for a period of five (5) years.
(2)
The division shall not modify or renew a National Pollutant Discharge Elimination System permit or state permit for a common sewage system if the common sewage system facility is in chronic noncompliance and the common sewage system facility proposes to use new technology that in the discretion of the division cannot be verified to meet permit requirements.
(b)
The applicant's financial ability to operate and maintain the common sewage system for a period of five (5) years shall be demonstrated to the division by:
(1)
Obtaining insurance that specifically covers operation and maintenance costs;
(2)
Obtaining a letter of credit;
(3)
Obtaining a surety bond;
(4)
Obtaining a trust fund or an escrow account; or
(5)
Using a combination of insurance, letter of credit, surety bond, trust fund, or escrow account.
(c)
The division may require an amount of financial assurance that exceeds the cost estimate submitted by the applicant.
(d)
A financial instrument required by this section shall be posted to the benefit of the division and shall remain in effect for the life of the permit.
(e)
It is explicitly understood that the division shall not directly operate and shall not be responsible for the operation of any sewage system.
(f)
This section does not restrict local and county government entities from enacting more stringent ordinances regulating nonmunicipal domestic treatment sewage systems in Arkansas.
Amended by Act 2019, No. 910,§ 2570, eff. 7/1/2019.
Acts 1995, No. 336, § 1; 1999, No. 1164, §§ 50, 51; 2007, No. 832, § 2; 2009, No. 409, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 8 - SMALL BUSINESS REVOLVING LOAN FUND (§§ 8-5-801 — 8-5-808) › Section 8-5-801 - Title

This subchapter may be called the "Small Business Revolving Loan Fund for Pollution Control and Prevention Technologies Act".
Acts 1997, No. 691, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 8 - SMALL BUSINESS REVOLVING LOAN FUND (§§ 8-5-801 — 8-5-808) › Section 8-5-802 - Purpose

It is the purpose of this subchapter to authorize the Division of Environmental Quality to establish and administer a revolving loan fund to encourage the investment in pollution control and prevention technologies in Arkansas. The fund will promote sustainable economic development in Arkansas by establishing a publicly capitalized fund to make loans to small businesses for projects to meet regulatory mandates in pollution control, to adopt pollution prevention technologies, or to implement waste reduction practices.
Amended by Act 2019, No. 910,§ 2571, eff. 7/1/2019.
Acts 1997, No. 691, § 1; 1999, No. 1164, § 52; 2001, No. 213, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 8 - SMALL BUSINESS REVOLVING LOAN FUND (§§ 8-5-801 — 8-5-808) › Section 8-5-803 - Definitions

As used in this subchapter:
(1)
"Applicant" means any business concern operating within the State of Arkansas that meets the criteria of a person, corporation, partnership, or other business organization;
(2)
"Commission" means the Arkansas Pollution Control and Ecology Commission;
(3)
(A)
"Pollution prevention" means reducing or eliminating the generation of pollutants and waste at the source.
(B)
"Pollution prevention" includes:
(i)
Process modifications and equipment acquisitions that promote the recovery and reuse of pollutants; and
(ii)
The acquisition and installation of capital equipment, a process change, or a combination of capital equipment and process change.
(C)
"Pollution prevention" does not include investments in waste treatment processes or equipment, unless the waste treatment involves the recovery and reuse of pollutants; and
(4)
(A)
"Waste reduction" means handling or processing waste materials in a way that ultimately reduces the total quantity of waste disposed.
(B)
"Waste reduction" includes process modifications and equipment acquisitions that promote the recovery, reuse, or recycling of pollutants and wastes.
Amended by Act 2019, No. 315,§ 519, eff. 7/24/2019.
Amended by Act 2019, No. 693,§ 12, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2572, eff. 7/1/2019.
Acts 1997, No. 691, § 1; 1999, No. 1164, §§ 53, 54; 2001, No. 213, § 2; 2005, No. 1254, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 8 - SMALL BUSINESS REVOLVING LOAN FUND (§§ 8-5-801 — 8-5-808) › Section 8-5-804 - Eligible activities

(a)
Moneys deposited into the Small Business Revolving Loan Fund within the Division of Environmental Quality may be:
(1)
Loaned to eligible participants to pay the direct costs of projects which are designed to correct or avoid violations of federal environmental regulations or state environmental rules and have received a certificate of need from the division; or
(2)
Expended to pay costs incurred by the division to provide management of lending activities.
(b)
(1)
It is the purpose of this subchapter to authorize the division to establish and administer a revolving loan fund to encourage the investment in pollution control, pollution prevention, and waste reduction practices in Arkansas.
(2)
Such a fund will promote sustainable economic development in Arkansas by establishing a publicly capitalized revolving loan fund to make loans to small businesses for projects to meet regulatory mandates in pollution control or to adopt pollution prevention technologies.
(3)
Operating expenses associated with proofing a process change or equipment modification would be an eligible loan activity.
Amended by Act 2019, No. 315,§ 520, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2573, eff. 7/1/2019.
Acts 1997, No. 691, § 1; 1999, No. 1164, § 55; 2001, No. 213, § 3.