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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-211 - Variances, waivers, or extensions

When the application of or compliance with any rule or regulation issued under this subchapter, in the judgment of the Arkansas Pollution Control and Ecology Commission, would cause undue or unreasonable hardship to any person and not cause substantially adverse environmental effects, the commission may grant a variance, waiver, or extension to the same extent that such variance, waiver, or extension would be allowable under the Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6901
et seq., and the regulations promulgated thereunder. In no case shall the duration of any such variance exceed one (1) year. Renewals or extensions may be given only after opportunity for public comment on each such renewal or extension.
Acts 1979, No. 406, § 14; A.S.A. 1947, § 82-4214; Acts 1989, No. 643, § 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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-212 - Considerations in administration

(a)
In administering the provisions of this subchapter, the Division of Environmental Quality may adopt and give appropriate effect to variations within this state in climate, geology, population density, and such other factors as may be relevant to the management of hazardous waste, the establishment of standards and permit conditions, and to the siting of permitted facilities.
(b)
To the extent practicable, the rules and procedures adopted by the division pursuant to this subchapter shall be consistent with other environmentally related rules and procedures of the division. In administering the provisions of this subchapter and of all other laws under the administration of the division, the division and the Arkansas Pollution Control and Ecology Commission shall coordinate and expedite the issuance of permits required by an applicant under one (1) or more laws, to the end of eliminating, insofar as practicable, any duplication of unnecessary time and expense to the applicant and the division.
(c)
The division shall integrate all provisions of this subchapter with the appropriate provisions of all other laws which grant regulatory authority to the division for purposes of administration and enforcement and shall avoid duplication to the maximum extent practicable.
Amended by Act 2019, No. 315,§ 614, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2727, eff. 7/1/2019.
Acts 1979, No. 406, § 6; A.S.A. 1947, § 82-4206.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-213 - Procedure 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
et seq. and §
8-4-201
et seq., including, but not limited to, §§
8-4-205
,
8-4-210
,
8-4-212
-
8-4-214
, and
8-4-218
-
8-4-229
if they are not in conflict with the provisions set forth in this subchapter.
Amended by Act 2019, No. 315,§ 615, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2728, eff. 7/1/2019.
Acts 1979, No. 406, § 9; A.S.A. 1947, § 82-4209.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-214 - Emergency order for imminent hazard

(a)
(1)
Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the storage, transportation, treatment, or disposal of any waste 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, he or she 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 operator of the treatment or disposal facility or site or the custodian of the waste 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, may order cessation of operation.
(b)
(1)
Any person to whom the order is directed shall comply with it immediately, but, on 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.
(2)
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. 910,§ 2729, eff. 7/1/2019.
Acts 1979, No. 406, § 8; A.S.A. 1947, § 82-4208.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-215 - Permits - Requirement

(a)
No person shall construct, substantially alter, or operate any hazardous waste treatment or disposal facility or site, nor shall any person store, treat, or dispose of any hazardous waste without first obtaining a permit from the Division of Environmental Quality for the facility, site, or activity.
(b)
Persons who construct, substantially alter, or operate a facility which generates hazardous waste shall be subject to the reporting requirements of this subchapter but shall not be required to obtain a permit under this subchapter unless such person also stores, treats, or disposes of hazardous waste.
Amended by Act 2019, No. 910,§ 2730, eff. 7/1/2019.
Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1997, No. 1055, § 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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-216 - Permits - Issuance generally - Interim operations

(a)
A permit shall be issued under such terms and conditions as the Division of Environmental Quality may prescribe under this subchapter and under the terms and conditions the Arkansas Department of Transportation may prescribe for the transportation of hazardous waste.
(b)
(1)
A facility required to have a permit under this subchapter due to statutory or regulatory changes which occur after March 14, 1979, may continue in operation until such time as a permit is issued under this subchapter, provided that the owner or operator notifies the division of newly regulated activities at the facility within ninety (90) days of the effective date of each statutory or regulatory change and makes initial permit application within one hundred eighty (180) days of the effective date of such changes on forms provided by the division.
(2)
This subsection shall not apply to any facility at which interim operating authority or a final permit has previously been terminated or denied.
(c)
Interim operating authority acquired pursuant to former subsection (b) of this section shall terminate for incineration facilities on November 8, 1989, unless the owner or operator applied for final permit determination by November 8, 1986.
(d)
Interim operating authority acquired pursuant to former subsection (b) of this section shall terminate for storage and treatment facilities on November 8, 1992, unless the owner or operator applied for final permit determination by November 8, 1988.
(e)
Interim operating authority acquired pursuant to subsection (b) of this section for a land disposal facility shall terminate twelve (12) months after the land disposal facility first becomes subject to permitting unless the owner or operator certifies compliance with all applicable groundwater monitoring and financial responsibility requirements.
Amended by Act 2019, No. 910,§ 2732, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2731, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 10, eff. 8/1/2017.
Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1989, No. 643, § 6; 1991, No. 489, § 1; 1991, No. 786, § 8; 1999, No. 340, § 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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-217 - Permits - Notice of hearing

No permit shall be issued by the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission for any commercial hazardous waste treatment, storage, or disposal facility unless thirty (30) days' advance notice of a hearing has been placed in the largest newspaper published in the county in which a commercial hazardous waste treatment, storage, or disposal facility or facilities are located or proposed to be located, as well as published in the largest newspaper published in the adjoining counties. If there is no newspaper published in any of the counties so affected, the notice shall be published in the newspaper having the largest circulation in the county.
Amended by Act 2019, No. 910,§ 2733, eff. 7/1/2019.
Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-218 - Permits - Compliance with subchapter, state and federal standards, regulations, etc

(a)
No permits shall be issued by the Division of Environmental Quality for any facility unless the division, after opportunity for public comment, has determined that the facility has been designed and will be operated in such manner that any emission from the facility will comply with the provisions of this subchapter and all applicable state and federal standards and state rules and federal regulations concerning air and water quality and that the transfer, handling, and storage of materials within the facility will not cause conditions which would violate state and federal standards concerning worker safety or create unreasonable hazards to the environment or to the health and welfare of the people living and working in or near the facility.
(b)
(1)
No permit shall be issued by the division for any commercial disposal or storage facility off the site where the hazardous waste is generated until the division has adopted rules, standards, and procedures pursuant to §
8-7-209
.
(2)
The rules, standards, procedures, or other requirements adopted and imposed by the division shall not be less stringent than the regulations promulgated or revised by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6901
et seq.
(c)
No permit shall be issued for hazardous waste treatment, storage, or disposal facilities except under the terms of rules of the division which conform to the provisions of § 3005 of the Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6925
.
Amended by Act 2019, No. 315,§ 616, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2734, eff. 7/1/2019.
Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1989, No. 643, § 7; 1999, No. 1164, § 91.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-219 - Permits - Commercial facilities - Terms and conditions

No permit shall be issued for any commercial hazardous waste treatment, storage, or disposal facility unless that facility meets such terms and conditions as the Division of Environmental Quality may direct, including, but not limited to:
(1)
Evidence of liability insurance in such amount as the division may determine to be necessary for the protection of the public health and safety and the protection of the environment;
(2)
Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment;
(3)
(A)
Evidence that the personnel employed at the hazardous waste treatment or disposal facility meet such qualifications as to education and training as the division may determine to be necessary to assure the safe and adequate operation of the facility.
(B)
Persons charged with the direct supervision of the operation of any facility must be certified by the division as having such qualifications after a review of the types, properties, and volume of hazardous waste to be treated or disposed of at the facility.
(C)
The division may require the recertification of supervisory personnel when there is any significant change in the types or properties of hazardous waste being treated or disposed of in any facility;
(4)
Evidence of an appropriate preventive maintenance program, spill prevention plan, safety procedures, and contingency plans which have been developed in consultation with the fire department having jurisdiction and by the mayor or city manager of the municipality or by the county judge of the county in which the facility is to be located;
(5)
Evidence that the location of the facility is consistent with the siting criteria established by the division as provided in §
8-7-209(a)(3)
. The provisions of this subdivision (5) shall not apply to a treatment facility which began operation prior to the date of enactment of this act and which has an existing operating permit from the Arkansas Department of Environmental Quality, now the Division of Environmental Quality, or to any subsequent modifications to such treatment facility, provided that the owner of the treatment facility can demonstrate that the modifications do not materially increase the degree of hazards associated with the treatment facility; and
(6)
Evidence of such forms of assurance, including full fee ownership of lands, and all mineral rights thereto, to ensure that the owner of any hazardous waste landfill has the legal authority to commit the hazardous waste landfill to perpetual security.
Amended by Act 2019, No. 910,§ 2735, eff. 7/1/2019.
Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-220 - Permits - Duration - Renewal

(a)
Permits shall be issued for a period not to exceed ten (10) years. However, land disposal permits shall be reviewed five (5) years from the date of issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable laws and rules.
(b)
Permits shall be subject to renewal by the Division of Environmental Quality upon a showing that the facility has been operated in accordance with the terms of the permit, the rules applicable to such facility, and in compliance with all other provisions of this subchapter.
(c)
Nothing in this section shall preclude a permit from being reviewed and modified at any time during its term.
Amended by Act 2019, No. 315,§ 617, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2736, eff. 7/1/2019.
Acts 1979, No. 406, § 5; 1985, No. 920, § 1; A.S.A. 1947, § 82-4205; Acts 1999, No. 1164, § 92.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-221 - Permits - Revocation

Any permit issued under §§
8-7-215
-
8-7-220
shall be subject to revocation for failure of the permittee to comply with the terms and conditions of the permit, the rules of the Division of Environmental Quality applicable thereto, or the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 618, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2737, eff. 7/1/2019.
Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-222 - Permits - Hearing upon denial, revocation, or modification

Any person who is denied a permit by the Director of the Division of Environmental Quality or who has such permit revoked or modified shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ecology Commission in connection therewith upon written application made within thirty (30) days after service of notice of the denial, revocation, or modification.
Amended by Act 2019, No. 910,§ 2738, eff. 7/1/2019.
Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-223 - Location of landfill

No hazardous waste landfill disposal facility off the site of generation shall be located within one-half (½) mile of any occupied dwelling unless the applicant shall affirmatively demonstrate and the Division of Environmental Quality shall specifically find that, because of the nature and amounts of the materials to be placed in such hazardous waste landfill disposal facility, a lesser distance will provide adequate margins of safety even under abnormal operating conditions.
Amended by Act 2019, No. 910,§ 2739, eff. 7/1/2019.
Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-224 - Rules for transporting hazardous waste

(a)
(1)
Following notice and public hearing, the Arkansas Department of Transportation, in consultation with the Division of Environmental Quality, shall issue rules for the transportation of hazardous waste.
(2)
The rules shall be consistent with applicable rules and regulations issued by the United States Department of Transportation and with any rules and standards issued by the division under this subchapter.
(b)
The provisions of this section shall apply equally to those persons transporting hazardous waste generated by others and to those transporting hazardous waste they have generated themselves, or combinations thereof.
Amended by Act 2019, No. 315,§ 619, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2740, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 11, eff. 8/1/2017.
Acts 1979, No. 406, § 7; A.S.A. 1947, § 82-4207.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-225 - Records and examinations

(a)
The owner or operator of any hazardous waste management facility or site shall notify the Division of Environmental Quality as to hazardous waste management activities in accordance with the requirements of this subchapter and rules, permits, and orders issued under this subchapter, and shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, take such samples, perform such tests, and provide such other information to the division as the Director of the Division of Environmental Quality may reasonably require.
(b)
The division or any authorized employee or agent thereof may examine and copy any books, papers, records, or memoranda pertaining to the operation of the facility or site.
(c)
The division or any authorized employee or agent thereof may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations necessary or appropriate for the purposes of this subchapter.
(d)
(1)
(A)
Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying.
(B)
Upon a showing satisfactory to the director that the records, reports, permits, documentation, information, or any part thereof would, if made public, divulge methods or processes entitled to protection as trade secrets, the director shall consider, treat, and protect the records, reports, or information as confidential.
(2)
(A)
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.
(B)
The provisions of subdivision (d)(2)(A) of this section shall not be construed to limit the division's authority to release confidential information during emergency situations.
(3)
Any violation of this subsection is a Class A misdemeanor.
Amended by Act 2019, No. 315,§ 620, eff. 7/24/2019.
Amended by Act 2019, No. 693,§ 19, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2741, eff. 7/1/2019.
Acts 1979, No. 406, § 11; 1983, No. 809, § 1; A.S.A. 1947, § 82-4211; Acts 1989, No. 643, § 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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-226 - Fees - Fund established

(a)
The Arkansas Pollution Control and Ecology Commission shall have authority to establish by rule a schedule of fees to recover the costs of processing permit applications and permit renewal proceedings, on-site inspections and monitoring, the certification of personnel to operate hazardous waste treatment, storage, or disposal facilities, and other activities of Division of Environmental Quality personnel which are reasonably necessary to assure that generators and transporters of hazardous waste and hazardous waste management facilities are complying with the provisions of this subchapter and which reasonably should be borne by the transporter, generator, or owner or operator of the hazardous waste management facility.
(b)
All fees collected pursuant to this section shall be dedicated to enabling the division to receive authorization to administer a hazardous waste management program in Arkansas pursuant to the Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6901
et seq., as amended by the Hazardous and Solid Waste Amendments of 1984.
(c)
The Hazardous Waste Permit Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. All fees collected under the provisions of this section shall be deposited into this fund.
(d)
The commission is hereby authorized to promulgate such rules as are necessary to administer the fees, rates, tolls, or charges for services established by this section and is directed to prescribe such fees, rates, tolls, or charges for the services delivered by the division or its successor in such manner as may be necessary to support the programs of the division as directed by the Governor and the General Assembly.
Amended by Act 2019, No. 315,§ 622, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 621, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2742, eff. 7/1/2019.
Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1989, No. 643, § 9; 1991, No. 1235, § 1; 1993, No. 1254, §§ 3, 5; 1997, No. 1219, § 9; 1999, No. 1164, § 93.
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 2 - HAZARDOUS WASTE MANAGEMENT ACT (§§ 8-7-201 — 8-7-227) › Section 8-7-227 - Corrective action at permitted facilities and interim status facilities

(a)
(1)
Any permit issued under this subchapter for any hazardous waste treatment, storage, or disposal facility shall require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at the hazardous waste treatment, storage, or disposal facility seeking the permit under this subchapter regardless of the time at which waste was placed in the unit.
(2)
The corrective action component of the permit shall contain:
(A)
Schedules of compliance for the corrective action when the corrective action cannot be completed prior to issuance of the permit; and
(B)
Assurances of financial responsibility for completing the corrective action.
(3)
The corrective action component of the permit shall also require that corrective action be taken beyond the hazardous waste treatment, storage, or disposal facility boundary when necessary to protect human health and the environment unless the owner or operator of the hazardous waste treatment, storage, or disposal facility concerned demonstrates to the satisfaction of the Director of the Division of Environmental Quality that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the action.
(b)
(1)
Whenever the director determines that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under interim operating authority pursuant to this subchapter, the director may:
(A)
Issue an order requiring corrective action or such other response measure as the director deems necessary to protect human health or the environment; or
(B)
Commence a civil action in the circuit court in the county in which the facility is located for appropriate relief, including a temporary or permanent injunction.
(2)
(A)
Any order issued under this subsection:
(i)
Shall state with reasonable specificity the nature of the required corrective action or other response measure;
(ii)
Shall specify a time for compliance; and
(iii)
May include a suspension or revocation of the interim authority to operate under this subchapter.
(B)
If any person named in an order issued under this section fails to comply with the order, the director may assess a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) for each day of noncompliance with the order.
Amended by Act 2019, No. 910,§ 2743, eff. 7/1/2019.
Acts 2005, No. 1166, § 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 3 - RESOURCE RECLAMATION ACT (§§ 8-7-301 — 8-7-309) › Section 8-7-301 - Title

This subchapter may be cited as the "Arkansas Resource Reclamation Act of 1979".
Acts 1979, No. 1098, § 1; A.S.A. 1947, § 82-4217.
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 3 - RESOURCE RECLAMATION ACT (§§ 8-7-301 — 8-7-309) › Section 8-7-302 - Legislative findings

The General Assembly finds and it is declared that:
(1)
The disposal of hazardous waste, although currently necessary for certain forms of hazardous waste, represents an inefficient use of natural resources and may present long-term threats to the environment and to the public health and safety;
(2)
Technically and economically feasible treatment methods are becoming increasingly available and offer the advantages of complete destruction of hazardous waste or the recovery and reclamation of some, if not all, constituents of hazardous waste;
(3)
In addition to the recovery or reclamation of natural resources, treatment of hazardous waste reduces the volume of hazardous waste which must be disposed of and thereby reduces the associated threats to the environment and to the public health and safety;
(4)
Interstate cooperation is necessary to assure that the volume of hazardous waste which must be disposed of within the state is reduced through a comprehensive program which encourages and, when appropriate, requires the treatment of hazardous waste; and
(5)
The Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq., authorizes the Division of Environmental Quality to encourage the development of interstate agreements for the management of hazardous waste and to enter into such interstate agreements, with the concurrence of the Governor.
Amended by Act 2019, No. 910,§ 2744, eff. 7/1/2019.
Acts 1979, No. 1098, § 2; A.S.A. 1947, § 82-4218.
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 3 - RESOURCE RECLAMATION ACT (§§ 8-7-301 — 8-7-309) › Section 8-7-303 - Policy and purpose

The General Assembly declares that it is the policy of this state and the purpose of this subchapter to:
(1)
Establish a statewide program designed to protect society and the environment from the risks and burdens associated with the continued practice of disposing of those forms of hazardous waste which could otherwise be treated;
(2)
Encourage the development and utilization of techniques which result in the recovery, reclamation, and conservation of resources of the state, including the reclamation and conservation or safeguarding of abandoned hazardous waste disposal sites;
(3)
Encourage interstate cooperation and interstate agreements which would provide a requisite balance of disposal and treatment facilities among the states and which would reduce the amount of hazardous waste disposed of in the state, irrespective of the origin of the hazardous waste; and
(4)
Coordinate the administration of this subchapter with the administration of the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq., so as to further the purposes of both this subchapter and the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq.
Acts 1979, No. 1098, § 3; 1985, No. 922, § 1; A.S.A. 1947, § 82-4219.
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 3 - RESOURCE RECLAMATION ACT (§§ 8-7-301 — 8-7-309) › Section 8-7-305 - Exception to provisions

This subchapter does not apply to an industrial waste treatment facility that discharges into a publicly owned treatment works if the industrial waste treatment facility and publicly owned treatment works comply with the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq.
Acts 1979, No. 1098, § 8; A.S.A. 1947, § 82-4224.
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 3 - RESOURCE RECLAMATION ACT (§§ 8-7-301 — 8-7-309) › Section 8-7-306 - [Repealed]

Repealed by Act 2015, No. 1264,§ 7, eff. 7/22/2015.
Acts 1979, No. 1098, § 7; 1985, No. 922, § 5; A.S.A. 1947, § 82-4223.
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 3 - RESOURCE RECLAMATION ACT (§§ 8-7-301 — 8-7-309) › Section 8-7-307 - Unlawful actions - Acts or omissions of third parties

(a)
It is unlawful for a person to:
(1)
Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter;
(2)
Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality pursuant to the provisions of this subchapter; or
(3)
Dispose of hazardous waste in the state except as provided by rules established by the division pursuant to this subchapter.
(b)
(1)
(A)
A person who violates this section upon conviction is guilty of an unclassified misdemeanor and shall be sentenced to not more than one (1) year in the county jail or a fine of not more than ten thousand dollars ($10,000), or both.
(B)
Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.
(2)
(A)
A person who violates this section or the rules issued under this subchapter, or who violates any condition of a permit issued under this subchapter, may be assessed a civil penalty by the Arkansas Pollution Control and Ecology Commission under administrative procedures and civil penalty rules of the commission.
(B)
The civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation.
(C)
Each day of a continuing violation may be considered a separate violation for purposes of civil penalty assessments.
(D)
However, a civil penalty assessment shall not be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation under §§
8-4-218
,
8-4-219
, and
8-4-221
.
(c)
A person is not liable for violating a provision of this subchapter or of any rule, permit, or order issued under this subchapter if the violation was caused solely by the acts or omissions of a third party.
Amended by Act 2019, No. 315,§ 625, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 624, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 623, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2747, eff. 7/1/2019.
Amended by Act 2015, No. 1264,§ 8, eff. 7/22/2015.
Acts 1979, No. 1098, § 6; 1985, No. 922, § 4; A.S.A. 1947, § 82-4222; Acts 1989, No. 260, § 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 3 - RESOURCE RECLAMATION ACT (§§ 8-7-301 — 8-7-309) › Section 8-7-308 - Powers and duties generally

The Division of Environmental Quality shall have the following powers and duties:
(1)
To enter into such agreements or compacts between one (1) or more states or with the United States Government as may be necessary and appropriate to effectuate a program consistent with the purposes of this subchapter if these agreements or compacts first receive the approval of the Governor;
(2)
To adopt such rules as may be necessary and appropriate to enforce within the state the terms of any interstate agreement or compact developed pursuant to the provisions of this subchapter;
(3)
To promote the purposes of this subchapter and to effectuate and implement interstate agreements by imposing reasonable conditions on permits issued under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq., and the rules promulgated under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq.;
(4)
To prohibit, by rule or by condition of permit, the disposal of any hazardous waste within the state unless the owner or custodian of the hazardous waste can demonstrate to the reasonable satisfaction of the Director of the Division of Environmental Quality that it is technically or economically infeasible for the hazardous waste to be treated;
(5)
To issue, continue in effect, revoke, modify, or deny, under such terms as the division or the General Assembly may prescribe, permits for the establishment, construction, operation, or maintenance of hazardous waste treatment or disposal facilities;
(6)
To adopt and enforce rules which would require the owners, operators, or other responsible parties of inactive or abandoned disposal sites to undertake such actions as are reasonable to prevent environmental contamination;
(7)
To receive federal and private funds for the purpose of securing or reclaiming abandoned hazardous waste disposal sites in an environmentally safe manner; and
(8)
To encourage and to participate in studies, projects, and agreements for the purpose of identifying and evaluating improvements in hazardous waste treatment and disposal techniques.
Amended by Act 2019, No. 315,§ 627, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 626, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2749, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2748, eff. 7/1/2019.
Acts 1979, No. 1098, § 5; 1985, No. 922, § 3; A.S.A. 1947, § 82-4221.
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 3 - RESOURCE RECLAMATION ACT (§§ 8-7-301 — 8-7-309) › Section 8-7-309 - Appeals

Appeal of the Arkansas Pollution Control and Ecology Commission's decision may be taken in accordance with the appellate procedure specified in §§
8-4-222
-
8-4-229
.
Acts 1979, No. 1098, § 7; 1985, No. 922, § 5; A.S.A. 1947, § 82-4223.
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 8-7-501 - Title

This subchapter may be known and may be cited as the "Remedial Action Trust Fund Act".
Acts 1985, No. 479, § 1; A.S.A. 1947, § 82-4712.
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 8-7-504 - Penalties

(a)
(1)
Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment.
(2)
Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.
(b)
Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to:
(1)
A civil penalty in such amount as the Director of the Division of Environmental Quality shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of the violation;
(2)
The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and
(3)
The payment to the state of reasonable compensation of any actual damage resulting therefrom.
(c)
One-half (½) of the civil penalties provided for in subdivision (b)(1) of this section, but not to exceed five hundred thousand dollars ($500,000) in any one (1) calendar year and not to exceed four million dollars ($4,000,000) in the aggregate, may be deposited into the Remedial Action Account in the Construction Assistance Revolving Loan Fund established pursuant to §
15-5-901
, if so authorized by the director, and such moneys shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions.
Amended by Act 2019, No. 910,§ 2752, eff. 7/1/2019.
Acts 1985, No. 479, § 11; A.S.A. 1947, § 82-4722; Acts 1997, No. 1042, § 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 8-7-505 - Unlawful acts

It shall be unlawful for any person:
(1)
To violate any provision of this subchapter or any rule adopted under this subchapter;
(2)
To knowingly make a false statement, representation, or certification in any report or other document filed or required by this subchapter or the rules adopted pursuant to this subchapter; or
(3)
To violate any order issued by the Division of Environmental Quality under this subchapter or any provision of such an order.
Amended by Act 2019, No. 315,§ 631, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2753, eff. 7/1/2019.
Acts 1985, No. 479, § 10; A.S.A. 1947, § 82-4721.
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 8-7-506 - Rules - Administrative procedure

The Arkansas Pollution Control and Ecology Commission shall adopt rules under this subchapter necessary to implement or effectuate the purposes and intent of this subchapter, including, but not limited to, rules affording any persons aggrieved by any order issued pursuant to this subchapter an opportunity for a hearing thereon and commission review of the action.
Amended by Act 2019, No. 315,§ 632, eff. 7/24/2019.
Acts 1985, No. 479, § 13; A.S.A. 1947, § 82-4724.
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 8-7-507 - Compliance of federal and state entities

Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the United States Government and the state government shall be subject to and comply with this subchapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under this section.
Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719.
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 8-7-510 - Federal actions or compensation not to be duplicated

No actions taken pursuant to this subchapter by the Division of Environmental Quality shall duplicate federal actions, and no claims for the costs of response or other claims compensable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, shall be compensable under this subchapter.
Amended by Act 2019, No. 910,§ 2762, eff. 7/1/2019.
Acts 1985, No. 479, § 5; A.S.A. 1947, § 82-4716.
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 8-7-511 - Furnishing of information

(a)
For purposes of assisting in determining the need for remedial action in connection with a release or threat of release of hazardous substances under this subchapter or for enforcing the provisions of this subchapter, any person who stores, treats, or disposes of hazardous substances, or, if necessary to ascertain facts not available at the site or facility where the hazardous substances are stored, treated, or disposed of, any person who generates, transports, otherwise handles, or has handled hazardous substances shall, upon request of any officer or employee of the Division of Environmental Quality, furnish information relating to the hazardous substance and permit the person at all reasonable times to have access to and copy all records relating to the hazardous substances and to inspect and obtain samples of any such hazardous substances or other materials.
(b)
However, any information which would constitute a trade secret under §
4-75-601
et seq., obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, the division, or any employees of the Department of Energy and Environment or the division, in the administration of this subchapter, except emission data, shall be kept confidential.
(c)
Any violation of this section is a Class A misdemeanor.
Amended by Act 2019, No. 693,§ 21, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2763, eff. 7/1/2019.
Acts 1985, No. 479, § 12; A.S.A. 1947, § 82-4723.
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 8-7-513 - Apportionment of costs

(a)
(1)
Any party found liable for any costs or expenditures recoverable under §§
8-7-512
,
8-7-514
,
8-7-515
, and
8-7-517
which establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to his or her actions shall be required to pay only for that portion.
(2)
If the trier of fact finds the evidence insufficient to establish each party's portion of costs or expenditures, the court shall apportion the costs or expenditures, to the extent practicable, according to equitable principles, among the responsible parties.
(3)
The Hazardous Substance Remedial Action Trust Fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section.
(b)
(1)
In any action under this section, no responsible party shall be liable for more than that party's apportioned share of the amount expended from the fund for the hazardous substance site.
(2)
The apportioned share shall be based on a responsible party's total volume of the hazardous substance at the hazardous substance site at the time of action taken under this subchapter.
(3)
Any expenditures required by the provisions of this subchapter made by a responsible party, before or after suit, shall be credited toward any apportioned share.
Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719.
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 8-7-514 - Recovery of expenditures generally

(a)
After an expenditure from the Hazardous Substance Remedial Action Trust Fund for a removal action or remedial action, the Division of Environmental Quality shall institute action to recover the expenditure from the person or persons liable for causing the release of the hazardous substance, including taking any appropriate legal action.
(b)
Making use of any and all appropriate existing state legal remedies, the division or the Attorney General shall act to recover the amount expended by the state for any and all remedial action or removal actions from any and all parties identified as responsible parties for each hazardous substance.
(c)
All moneys recovered from responsible parties pursuant to this section shall be deposited into the fund.
Amended by Act 2019, No. 910,§ 2766, eff. 7/1/2019.
Acts 1985, No. 479, §§ 8, 9; A.S.A. 1947, §§ 82-4719, 82-4720; Acts 1991, No. 516, § 3; 1999, No. 1164, § 100; 2005, No. 1824, § 11.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 7 - HAZARDOUS SUBSTANCES (§§ 8-7-101 — 8-7-1407) › Subchapter 5 - REMEDIAL ACTION TRUST FUND ACT (§§ 8-7-501 — 8-7-525) › Section 8-7-515 - Recovery of expenditures - Limitations

No person, including the state, may recover under the authority of this section for any remedial action or removal action costs or damages resulting:
(1)
From the application, in accordance with label directions of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act; or
(2)
Solely from an act or omission of a third party or from an act of God or an act of war.
Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719; 2005, No. 1824, § 12.