reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 11 - SPECIAL ELECTIONS (§§ 7-11-101 — 7-11-303) › Subchapter 2 - SPECIAL ELECTIONS ON MEASURES AND QUESTIONS (§§ 7-11-201 — 7-11-205) › Section 7-11-203 - Calling special elections on local measures or questions

(a)
The document under §
7-11-201
calling the special election on a local measure or question shall be filed with the county clerk of the county administering the election, who shall immediately transmit the document to the county board of election commissioners in each county where the special election is to be held.
(b)
The county board of election commissioners shall publish the document as soon as practicable in a newspaper of general circulation in the county in which the special election is held.
Acts 2009, No. 1480, § 47.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 11 - SPECIAL ELECTIONS (§§ 7-11-101 — 7-11-303) › Subchapter 2 - SPECIAL ELECTIONS ON MEASURES AND QUESTIONS (§§ 7-11-201 — 7-11-205) › Section 7-11-204 - Content of calling document

The proclamation, ordinance, statute, resolution, order, or other authorized document of the properly constituted authority calling the special election shall state:
(1)
The date of the special election;
(2)
The full text of any measure or question for which the election is called;
(3)
The ballot title, if any, for the measure or question for which the election is called; and
(4)
Any other information required by law.
Acts 2009, No. 1480, § 47.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 11 - SPECIAL ELECTIONS (§§ 7-11-101 — 7-11-303) › Subchapter 3 - CERTAIN PROCEDURES FOR SPECIAL ELECTIONS (§§ 7-11-301 — 7-11-303) › Section 7-11-301 - Law governing special elections

In cases of circumstances or procedures that may arise in connection with any special election for which there is no provision in law governing the circumstances or procedures, the special election shall be governed by:
(1)
The general election laws of this state; or
(2)
In the case of special primary elections, the primary election laws of this state.
Acts 2009, No. 1480, § 47.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 11 - SPECIAL ELECTIONS (§§ 7-11-101 — 7-11-303) › Subchapter 3 - CERTAIN PROCEDURES FOR SPECIAL ELECTIONS (§§ 7-11-301 — 7-11-303) › Section 7-11-302 - Special procedures for vacancies filled under Arkansas Constitution, Amendment 29

Whenever a vacancy in office is to be filled under Arkansas Constitution, Amendment 29, the following shall apply:
(1)
The Governor shall issue a proclamation calling an election to fill a vacancy;
(2)
If the vacancy occurs less than one hundred eighty (180) days before a general election at which the vacancy is to be filled and the position is one that may be filled by partisan election, the political parties shall choose their nominees at a convention of delegates held in accordance with the party rules for the convention;
(3)
If the vacancy occurs more than one hundred eighty (180) days before the general election and is a position that may be filled by partisan election, the Governor shall certify in writing to the state committees of the respective political parties the fact of vacancy and shall request the respective state committees to make a determination and notify him or her in writing within ten (10) days with respect to whether the political parties desire to hold a special primary election or a convention of delegates under party rules to choose nominees;
(4)
If the state committee of any political party shall timely notify the Governor that it chooses to hold a special primary election, it is mandatory that any political party desiring to choose a nominee shall choose the nominee at a special primary election, and the Governor's proclamation shall set dates for both the special primary election and for any runoff primary election to be held if no candidate receives a majority of the vote at the special primary election; and
(5)
If no state committee of any political party timely notifies the Governor of the desire to hold either a primary election or convention of delegates, the Governor, in issuing his or her proclamation calling for the special election, shall declare that the nominee of any political party shall be chosen at a convention of delegates.
Acts 2009, No. 1480, § 47.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 11 - SPECIAL ELECTIONS (§§ 7-11-101 — 7-11-303) › Subchapter 3 - CERTAIN PROCEDURES FOR SPECIAL ELECTIONS (§§ 7-11-301 — 7-11-303) › Section 7-11-303 - Notice

In addition to the publication of the calling document, notice of special elections under this chapter shall be published and posted under §§
7-5-202
and
7-5-206
.
Acts 2009, No. 1480, § 47.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-108) › Section 8-1-101 - Purpose

(a)
It is the purpose of this chapter to authorize the Arkansas Pollution Control and Ecology Commission to establish a system of fees for the issuance of permits required by §§
8-4-101
-
8-4-106
,
8-4-201
-
8-4-229
,
8-4-301
-
8-4-314
,
8-6-201
-
8-6-212
,
8-6-214
, and
8-9-403
, to defray costs of other services provided and to authorize the Division of Environmental Quality to collect and enforce the fees.
(b)
The express purpose of these fees shall be to defray the administrative costs of issuance, renewal, inspection, modification, and monitoring associated with these permits and other services provided.
Amended by Act 2019, No. 693,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2417, eff. 7/1/2019.
Acts 1983, No. 817, § 1; A.S.A. 1947, § 82-1916; Acts 1993, No. 163, § 1; 1993, No. 165, § 1; 1995, No. 509, § 1; 1999, No. 1164, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-108) › Section 8-1-102 - Definitions

As used in this chapter:
(1)
"Annual fee" means the fee required by this chapter to be submitted upon the issuance date and the anniversary date of issuance of the permits required by the statutes enumerated in subdivision (4) of this section;
(2)
"Commission" means the Arkansas Pollution Control and Ecology Commission;
(3)
"Facility" means any activity or operation within a specific geographic location, including property contiguous thereto. A facility may consist of several treatment, storage, or disposal operational units;
(4)
"Initial fee" means the fee required by this chapter to be submitted with all applications for water, air, and solid waste permits required by §§
8-4-101
-
8-4-106
,
8-4-201
-
8-4-229
,
8-4-301
-
8-4-314
,
8-6-201
-
8-6-212
,
8-6-214
, or
8-9-403
; and
(5)
"Modification fee" means the fee required to be submitted by this chapter for modification of any existing or future permit required by the statutes enumerated in subdivision (4) of this section, either at the request of the permittee or as required by the laws of the State of Arkansas or the rules of the Division of Environmental Quality.
Amended by Act 2023, No. 390,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 422, eff. 7/24/2019.
Amended by Act 2019, No. 693,§ 2, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2418, eff. 7/1/2019.
Acts 1983, No. 817, § 2; A.S.A. 1947, § 82-1917; Acts 1993, No. 163, § 2; 1993, No. 165, § 2; 1995, No. 509, § 2; 1999, No. 1164, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-108) › Section 8-1-104 - Existing rules

All existing rules of the Division of Environmental Quality not inconsistent with the provisions of this chapter relating to subjects embraced within this chapter shall remain in full force and effect until expressly repealed, amended, or superseded if the rules do not conflict with the provisions of this chapter.
Amended by Act 2019, No. 315,§ 427, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2423, eff. 7/1/2019.
Acts 1983, No. 817, § 6; A.S.A. 1947, § 82-1921.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-108) › Section 8-1-105 - Division of Environmental Quality Fee Trust Fund

(a)
A Division of Environmental Quality Fee Trust Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.
(b)
All interest earnings and fees collected under the provisions of all laws administered by the Division of Environmental Quality shall be deposited into this fund unless otherwise provided by law. The division shall use these funds to defray the costs of operating the division.
(c)
The division 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 and collect such fees, rates, tolls, or charges for the services delivered by the division in such manner as may be necessary to support the programs of the division as directed by the Governor and the General Assembly.
(d)
(1)
Expenditures from the fund for the cleanup of a nonhazardous site that poses a threat to the environment, as appropriated for that purpose, shall be funded only through interest earnings from the fund.
(2)
The division shall seek cost recovery from the party responsible for damages to the environment requiring the use of appropriated funds and other funds spent by a governmental entity for nonhazardous site cleanup and remediation.
Amended by Act 2023, No. 570,§ 47, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 428, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2424, eff. 7/1/2019.
Acts 1983, No. 817, § 5; A.S.A. 1947, § 82-1920; Acts 1993, No. 1254, §§ 2, 5; 1999, No. 1164, § 6; 2007, No. 1281, § 36.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-108) › Section 8-1-108 - Investments

(a)
All funds that are held in a trust fund administered by the Division of Environmental Quality may be invested and reinvested subject to the written approval of the Treasurer of State.
(b)
All investments as authorized for use by the Treasurer of State may be available for the funds held in a trust fund administered by the division.
(c)
The movement of funds into and out of investments under this section shall be by fund transfers as directed by the Director of the Division of Environmental Quality or the director's designee.
Added by Act 2023, No. 570,§ 49, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 2 - POWERS OF THE DEPARTMENT AND COMMISSION (§§ 8-1-201 — 8-1-206) › Section 8-1-201 - Legislative intent

(a)
The General Assembly recognizes that since 1949, when the precursor of the Arkansas Pollution Control and Ecology Commission was first created, significant changes have occurred in the responsibilities charged to the state's environmental agency. This subchapter intends to clarify and supersede prior law that does not comport with this delineation of responsibility between the Division of Environmental Quality and the commission.
(b)
Further, in delineating the responsibility between the division and the commission, it is the intent of the General Assembly neither to expand nor to diminish any rights of property owners of this state under Arkansas Constitution, Article 2, § 22.
Amended by Act 2019, No. 910,§ 2430, eff. 7/1/2019.
Acts 1991, No. 1230, § 1; 1993, No. 163, § 5; 1993, No. 165, § 5; 1997, No. 1219, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 2 - POWERS OF THE DEPARTMENT AND COMMISSION (§§ 8-1-201 — 8-1-206) › Section 8-1-204 - Administrative law judge

(a)
The Arkansas Pollution Control and Ecology Commission shall employ a full-time administrative law judge to perform functions and duties that the commission shall direct and, in particular, to advise the commission on matters of law and procedure that may arise during the conduct of commission duties and responsibilities as outlined in §§
8-1-203
,
8-4-201
,
8-4-202
,
8-4-311
,
8-5-205
, and
8-6-207
, or as otherwise provided by law.
(b)
The administrative law judge shall be selected and hired by the commission and shall be independent of and not an employee of the Division of Environmental Quality.
(c)
The expenses of the administrative law judge shall be paid from the Division of Environmental Quality Fee Trust Fund or from other sources as provided by law.
(d)
The office space for the administrative law judge shall be at a location other than the offices of the division.
(e)
An administrative assistant II shall be supervised by and provide assistance to the administrative law judge authorized in this section.
(f)
The disbursing officer of the division shall disburse the funds appropriated for the commission's administrative law judge.
Amended by Act 2019, No. 910,§ 2435, eff. 7/1/2019.
Amended by Act 2015, No. 838,§ 3, eff. 7/22/2015.
Acts 1995, No. 1191, § 36; 1999, No. 1164, § 9; 2003, No. 51, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 2 - POWERS OF THE DEPARTMENT AND COMMISSION (§§ 8-1-201 — 8-1-206) › Section 8-1-205 - [Repealed]

Repealed by Act 2013, No. 1153,§ 1, eff. 8/16/2013.
Acts 1995, No. 1191, § 35; 1999, No. 1164, § 10.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-301 - Purpose

The General Assembly hereby finds and declares that protection of the environment is enhanced by the public's voluntary compliance with environmental laws and that the public will benefit from incentives to identify and remedy environmental compliance issues. It is further declared that limited expansion of the protection against disclosure will encourage such voluntary compliance and improve environmental quality and that the voluntary provisions of this subchapter will not inhibit the exercise of the regulatory authority by those entrusted with protecting our environment.
Acts 1995, No. 350, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-302 - Definitions

As used in this subchapter:
(1)
"Commission" means the Arkansas Pollution Control and Ecology Commission;
(2)
(A)
"Environmental audit" means a voluntary, internal, and comprehensive evaluation of one (1) or more facilities or an activity at one (1) or more facilities regulated under this chapter, or federal, regional, or local counterparts or extensions thereof, or of management systems related to that facility or activity, that is designed to identify and prevent noncompliance and to improve compliance with statutory or regulatory requirements.
(B)
An environmental audit may be conducted by the owner or operator, by the owner's or operator's employees, or by independent contractors; and
(3)
"Environmental audit report" means a set of documents prepared as a result of an environmental audit, and labeled "ENVIRONMENTAL AUDIT REPORT: PRIVILEGED DOCUMENT", that may include:
(A)
Field notes, records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically recorded information, maps, charts, graphs, and surveys collected or developed for the primary purpose of preparing an environmental audit;
(B)
An audit report prepared by the auditor that includes:
(i)
The scope of the audit;
(ii)
The information gained in the audit;
(iii)
Conclusions and recommendations; and
(iv)
Exhibits and appendices;
(C)
Memoranda and documents analyzing a portion of or all of the audit report and discussing implementation issues; and
(D)
An implementation plan that addresses correcting past compliance, improving current compliance, and preventing future noncompliance.
Amended by Act 2019, No. 910,§ 2436, eff. 7/1/2019.
Acts 1995, No. 350, § 1; 1999, No. 1164, § 11.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-303 - Privilege

(a)
In order to encourage owners and operators of facilities and persons conducting other activities regulated under this chapter or its federal counterparts or extensions, both to conduct voluntary internal environmental audits of their compliance programs and management systems and to assess and improve compliance with statutory and regulatory requirements, an environmental audit privilege is created to protect the confidentiality of communications relating to voluntary internal environmental audits.
(b)
An environmental audit report shall be privileged and shall not be admissible as evidence in any civil or administrative legal action, including enforcement actions.
Acts 1995, No. 350, § 1; 1999, No. 871, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-304 - Waiver

(a)
The privilege described in §
8-1-303
does not apply to the extent that:
(1)
It is waived expressly by the owner or operator of the facility that prepared or caused to be prepared the environmental audit report;
(2)
The owner or operator of a facility or person conducting an activity seeks to introduce an environmental audit report as evidence; and
(3)
The owner or operator of a facility authorizes the disclosure of the environmental audit report to any party, except when:
(A)
Disclosure is made under the terms of a confidentiality agreement between the owner or operator of a facility and:
(i)
A potential purchaser of the facility; or
(ii)
A customer, lending institution, or insurance company with an existing or proposed relationship with the facility;
(B)
Disclosure is made under the terms of a confidentiality agreement between government officials and the owner or operator of a facility; or
(C)
Disclosure is made to an independent contractor retained by the owner or operator of the facility for the purpose of identifying noncompliance with statutory or regulatory requirements and assisting the owner or operator in achieving compliance with reasonable diligence.
(b)
The waiver of the privilege described in §
8-1-303
may be for part or all of the environmental audit report, and the waiver of privilege extends only to that part of the environmental audit report expressly waived by the owner or operator of a facility.
Acts 1995, No. 350, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-305 - Exceptions

The privilege described in §
8-1-303
does not apply to the following:
(1)
Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to the public or a regulatory agency under:
(A)
Federal or state law or extensions thereof;
(B)
A rule or standard adopted by the Arkansas Pollution Control and Ecology Commission;
(C)
A determination, a permit, or an order made or issued by the commission or the Director of the Division of Environmental Quality; or
(D)
Any other federal, state, or local law, permit, or order;
(2)
Information obtained by observation, sampling, or monitoring by any regulatory agency; and
(3)
Information obtained from a source independent of the environmental audit.
Amended by Act 2019, No. 910,§ 2437, eff. 7/1/2019.
Acts 1995, No. 350, § 1; 1999, No. 871, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-306 - Stipulation

The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under §
8-1-303
.
Acts 1995, No. 350, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-307 - Disclosure in civil or administrative proceeding

(a)
In a civil or administrative proceeding, a court of record or administrative tribunal, after an in-camera review, shall require disclosure of material for which the privilege described in §
8-1-303
is asserted if the court or administrative tribunal determines one (1) of the following:
(1)
The privilege is asserted for a fraudulent purpose;
(2)
The material is not subject to the privilege;
(3)
The material is subject to the privilege and the material shows evidence of noncompliance with:
(A)
Federal or state law or extensions of such statutes;
(B)
Any rule adopted by the Arkansas Pollution Control and Ecology Commission; or
(C)
A determination, permit, or order issued by the commission or the Director of the Division of Environmental Quality; and
(4)
The person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence.
(b)
(1)
If the noncompliance described in subdivision (a)(3) of this section constitutes a failure to obtain a required permit, the person is deemed to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance.
(2)
(A)
In the event additional time is required to prepare a permit application, the person shall, within ninety (90) days, submit a schedule to the Division of Environmental Quality that identifies the activities required to complete the application, and, if the schedule is acceptable to the division, the filing of the application pursuant to the submitted schedule shall constitute reasonable diligence to achieve compliance for a failure to obtain a required permit.
(B)
Nothing in this section authorizes a facility to operate without the proper permit having been issued.
Amended by Act 2019, No. 315,§ 441, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2439, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2438, eff. 7/1/2019.
Acts 1995, No. 350, § 1; 1999, No. 871, § 3; 1999, No. 1164, § 12.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-309 - Audit privilege reserved for administrative or civil proceedings

The privilege created by §
8-1-303
does not apply to criminal investigations or proceedings. When an environmental audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by §
8-1-303
applicable to administrative or civil proceedings is not waived or eliminated.
Acts 1995, No. 350, § 1; 1999, No. 871, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-310 - Burden of proof

(a)
A party asserting the environmental audit privilege under §
8-1-303
has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly initiated and pursued with reasonable diligence.
(b)
A party seeking disclosure under §
8-1-307
has the burden of proving the privilege is asserted for a fraudulent purpose.
Acts 1995, No. 350, § 1; 1999, No. 871, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-311 - Partial disclosure

Upon making a determination under §
8-1-307
, the court of record or administrative tribunal may compel disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding.
Acts 1995, No. 350, § 1; 1999, No. 871, § 7.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 1 - GENERAL PROVISIONS (§§ 8-1-101 — 8-1-312) › Subchapter 3 - ENVIRONMENTAL AUDIT REPORTS (§§ 8-1-301 — 8-1-312) › Section 8-1-312 - Scope

Nothing in this subchapter may limit, waive, or abrogate:
(1)
The scope of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege; or
(2)
The rights of the public as provided in the Freedom of Information Act of 1967, §
25-19-101
et seq.
Acts 1995, No. 350, § 1; 2009, No. 1199, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 2 - ENVIRONMENTAL TESTING (§§ 8-2-201 — 8-2-209) › Subchapter 2 - ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM ACT (§§ 8-2-201 — 8-2-209) › Section 8-2-201 - Title

This subchapter may be called the "Environmental Laboratory Accreditation Program Act".
Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017.
Acts 1985, No. 876, § 1; A.S.A. 1947, § 82-1993.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 2 - ENVIRONMENTAL TESTING (§§ 8-2-201 — 8-2-209) › Subchapter 2 - ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM ACT (§§ 8-2-201 — 8-2-209) › Section 8-2-202 - Purpose

This subchapter authorizes the Division of Environmental Quality to establish and administer an environmental laboratory accreditation program so that laboratories that submit data and analyses to the division may be accredited by the division as having demonstrated acceptable compliance with laboratory standards so that the validity of scientific data submitted to the division may be further assured.
Amended by Act 2019, No. 910,§ 2440, eff. 7/1/2019.
Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017.
Acts 1985, No. 876, § 2; A.S.A. 1947, § 82-1993.1; Acts 1993, No. 322, § 1; 1993, No. 440, § 1; 1999, No. 1164, § 14.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 2 - ENVIRONMENTAL TESTING (§§ 8-2-201 — 8-2-209) › Subchapter 2 - ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM ACT (§§ 8-2-201 — 8-2-209) › Section 8-2-203 - Definitions

As used in this subchapter:
(1)
"Acceptable results" means results within limits determined on the basis of statistical procedures as prescribed by the Division of Environmental Quality;
(2)
"Accreditation" means the process by which the division recognizes a laboratory as meeting certain predetermined qualifications or standards, thereby accrediting the laboratory;
(3)
"Analyte" means the characteristics of a laboratory sample determined by an analytical laboratory testing procedure;
(4)
"Certificate" means a document issued by the division showing the analytes for which a laboratory has received accreditation;
(5)
(A)
"Consulting laboratory" means a laboratory that performs analyses for any person other than itself.
(B)
"Consulting laboratory" does not include a laboratory that is wholly owned by the person for whom the analyses are performed;
(6)
"Evaluation" means a review of the quality control and quality assurance procedures, recordkeeping, reporting procedures, methodology, and analytical techniques of a laboratory for measuring or establishing specific analytes;
(7)
(A)
"Laboratory" means any facility that performs analyses to determine the chemical, physical, or biological properties of air, water, solid waste, hazardous waste, wastewater, or soil or subsoil materials or that performs any other analyses related to environmental quality evaluations required by the division or which will be submitted to the division.
(B)
"Laboratory" does not include evaluations to determine the engineering properties related to soil mechanics;
(8)
(A)
"Matrix" means the components of a sample other than the one (1) or more analyte of interest.
(B)
"Matrix" includes without limitation nonpotable water, soil, or oil;
(9)
"Method" means procedures and techniques for performing an activity systematically presented in the order in which the procedures and techniques are to be executed;
(10)
"Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, municipal, state, or federal government or agency, or any other legal entity, however organized; and
(11)
"Proficiency test sample" means a sample of composition that is unknown to the laboratory and is provided to test whether the laboratory can produce analytical results within the specified acceptance criteria.
Amended by Act 2019, No. 910,§ 2443, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2442, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2441, eff. 7/1/2019.
Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017.
Acts 1985, No. 876, § 3; A.S.A. 1947, § 82-1993.2; Acts 1993, No. 322, § 2; 1993, No. 440, § 2; 1999, No. 1164, § 15.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 2 - ENVIRONMENTAL TESTING (§§ 8-2-201 — 8-2-209) › Subchapter 2 - ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM ACT (§§ 8-2-201 — 8-2-209) › Section 8-2-204 - Powers and duties of division and commission

(a)
The Division of Environmental Quality shall have the following powers and duties under this subchapter:
(1)
To establish and administer the Environmental Laboratory Accreditation Program for laboratories applying for accreditation by the division;
(2)
To enforce the provisions of this subchapter and all laws, rules, and federal regulations relating to the program and to environmental testing;
(3)
To issue, deny, revoke, or suspend the accreditation of a laboratory for cause; and
(4)
To refuse to accept analytical results from a laboratory when the division reasonably determines that the results do not meet reasonable criteria for validation, regardless of whether the laboratory is accredited.
(b)
The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties under this subchapter:
(1)
To establish by rule reasonable fees for the accreditation procedures under this subchapter and to cover the expenses of administering the program; and
(2)
To promulgate necessary rules to effect the purpose and administration of the program, including without limitation, provisions governing accreditation, modification, and renewal of accreditation and reaccreditation after revocation.
Amended by Act 2019, No. 315,§ 443, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 442, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2444, eff. 7/1/2019.
Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017.
Acts 1985, No. 876, § 4; A.S.A. 1947, § 82-1993.3; Acts 1993, No. 322, § 3; 1993, No. 440, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 2 - ENVIRONMENTAL TESTING (§§ 8-2-201 — 8-2-209) › Subchapter 2 - ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM ACT (§§ 8-2-201 — 8-2-209) › Section 8-2-205 - Procedure for issuance of rules, appeals, hearings, etc

(a)
Any person that violates any provision of this subchapter or of any rule or order issued pursuant to this subchapter or that commits an unlawful act under this subchapter shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq.
(b)
Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of any rules, conduct of hearings, notice, review of actions on certificates, right of appeal, presumptions, finality of actions, and related matters shall be as provided in Part I of the Arkansas Water and Air Pollution Control Act, §§
8-4-101
-
8-4-106
,
8-4-201
-
8-4-229
, including without limitation, §§
8-4-202
,
8-4-205
-
8-4-210
,
8-4-212
-
8-4-214
, and
8-4-218
-
8-4-229
.
Amended by Act 2019, No. 315,§ 444, eff. 7/24/2019.
Acts 1985, No. 876, § 8; A.S.A. 1947, § 82-1993.7; Acts 1993, No. 322, § 4; 1993, No. 440, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 2 - ENVIRONMENTAL TESTING (§§ 8-2-201 — 8-2-209) › Subchapter 2 - ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM ACT (§§ 8-2-201 — 8-2-209) › Section 8-2-206 - Accreditation - Criteria and procedure

(a)
(1)
(A)
(i)
All consulting laboratories performing analyses for which results are to be submitted to the Division of Environmental Quality shall obtain a laboratory accreditation under this subchapter.
(ii)
An analyte, method, or matrix for which the Environmental Laboratory Accreditation Program does not provide accreditation shall be evaluated by the division for acceptance.
(B)
The division, in its sole discretion, may refuse to accept results of analyses performed by a consulting laboratory that does not hold a laboratory accreditation under the program for the reason that the laboratory is not accredited.
(2)
Accreditation for laboratories other than consulting laboratories shall not be mandatory.
(b)
Applications for accreditation shall be made in the form and manner established by the division.
(c)
Upon receipt of an application for accreditation, the division shall evaluate and act upon the application in accordance with the following procedures and criteria:
(1)
(A)
The laboratory must successfully complete an evaluation.
(B)
The division shall establish evaluation criteria on proper analytical techniques, quality assurance, recordkeeping, and reporting methods and procedures and facilities, equipment, and personnel requirements; and
(2)
The laboratory must submit to the division acceptable results from its analysis of proficiency test samples for the specific analytes, methods, and matrices selected for accreditation.
(d)
Upon completion of the laboratory evaluation and the review of the proficiency test sample results, the division shall notify the laboratory of its determination to award or deny accreditation.
(e)
(1)
If the adequacy of the laboratory's capability and its recordkeeping have been sufficiently established to the satisfaction of the division, a certificate will be issued to the laboratory for the evaluated categories of analytes, methods, and matrices.
(2)
If accreditation is denied, the division shall set forth, in writing, the reasons for denial.
Amended by Act 2019, No. 910,§ 2445, eff. 7/1/2019.
Amended by Act 2017, No. 244,§ 2, eff. 8/1/2017.
Acts 1985, No. 876, § 5; A.S.A. 1947, § 82-1993.4; Acts 1993, No. 322, § 5; 1993, No. 440, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 2 - ENVIRONMENTAL TESTING (§§ 8-2-201 — 8-2-209) › Subchapter 2 - ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM ACT (§§ 8-2-201 — 8-2-209) › Section 8-2-207 - Accreditation - Duration - Renewal

(a)
A certificate of accreditation shall be effective for a period of one (1) year from the date of issuance, after which time the accreditation will lapse.
(b)
Accreditation may be renewed for additional periods of one (1) year's duration upon application for renewal made to the Division of Environmental Quality.
Amended by Act 2019, No. 910,§ 2446, eff. 7/1/2019.
Amended by Act 2017, No. 244,§ 2, eff. 8/1/2017.
Acts 1985, No. 876, § 5; A.S.A. 1947, § 82-1993.4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 2 - ENVIRONMENTAL TESTING (§§ 8-2-201 — 8-2-209) › Subchapter 2 - ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM ACT (§§ 8-2-201 — 8-2-209) › Section 8-2-208 - Accreditation - Revocation

(a)
After a laboratory is accredited, the laboratory's accreditation may be revoked or suspended by the Division of Environmental Quality for:
(1)
Knowingly falsifying any data submitted to the division or any data related to laboratory analysis;
(2)
Knowingly making any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis;
(3)
Knowingly misrepresenting procedures or documentation used in sampling or laboratory analysis;
(4)
Failing to comply with any one (1) or more of the following requirements under which the accreditation was issued:
(A)
Methods or procedures pertaining to analytical techniques, quality assurance, recordkeeping, or reporting methods; or
(B)
Facility, equipment, or personnel requirements; or
(5)
Failing to achieve acceptable results for specific analytes, methods, or matrices for which it has been accredited.
(b)
It shall be unlawful for any person:
(1)
To knowingly falsify any data submitted to the division or any data related to laboratory analysis;
(2)
To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document issued by or sent to the division or related to laboratory analysis;
(3)
To knowingly misrepresent sampling procedures or methods used in laboratory analysis;
(4)
To knowingly render inaccurate any accreditation issued under this subchapter; or
(5)
To knowingly represent that a person is accredited when that person is not accredited.
Amended by Act 2019, No. 910,§ 2448, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2447, eff. 7/1/2019.
Amended by Act 2017, No. 244,§ 2, eff. 8/1/2017.
Acts 1985, No. 876, § 6; A.S.A. 1947, § 82-1993.5; Acts 1993, No. 322, § 6; 1993, No. 440, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 2 - ENVIRONMENTAL TESTING (§§ 8-2-201 — 8-2-209) › Subchapter 2 - ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM ACT (§§ 8-2-201 — 8-2-209) › Section 8-2-209 - Fees

(a)
(1)
The Division of Environmental Quality may assess and collect reasonable fees from participating laboratories for the administrative costs of the Environmental Laboratory Accreditation Program.
(2)
The costs shall include without limitation, the expense of conducting evaluations.
(b)
Fees may be assessed at the time of initial application, renewal application, application for modification, or at the time a certificate is awarded.
(c)
Following a public hearing and based upon a record calculating the reasonable administrative costs of conducting accreditation procedures under this subchapter and costs of enforcing the terms and conditions of accreditations, the Arkansas Pollution Control and Ecology Commission may establish reasonable fees for initial issuance, annual review, and modification of accreditations authorized by this subchapter.
Amended by Act 2019, No. 910,§ 2449, eff. 7/1/2019.
Amended by Act 2017, No. 244,§ 2, eff. 8/1/2017.
Acts 1985, No. 876, § 7; A.S.A. 1947, § 82-1993.6; Acts 1993, No. 322, § 7; 1993, No. 440, § 7.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-3-101 — 8-3-103) › Section 8-3-101 - Designation of air quality areas

No area within Arkansas shall be redesignated by the state for the purposes of permitting under the Prevention of Significant Deterioration (PSD) of air quality requirements except by an act of the General Assembly.
Acts 1985, No. 237, § 1; A.S.A. 1947, § 82-1941.1; Acts 1999, No. 114, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 1 - GENERAL PROVISIONS (§§ 8-3-101 — 8-3-103) › Section 8-3-102 - Ambient air quality standards - Hydrogen sulfide

(a)
After review of scientific literature and similar standards in other states, the Arkansas Pollution Control and Ecology Commission shall promulgate, through procedures set out in §
8-4-202
, ambient air quality standards or other appropriate regulatory controls that will protect the public health and the environment from the emission of hydrogen sulfide.
(b)
(1)
Before the commission proposes an ambient standard or regulatory mechanism concerning hydrogen sulfide that will result in more stringent or restrictive control provisions than are currently provided by Division of Environmental Quality permitting practices, the commission shall direct the division to prepare, with the assistance and cooperation of state agencies with appropriate expertise, an economic impact and environmental benefit analysis justifying more stringent or restrictive operating conditions.
(2)
The economic impact and environmental benefit analysis shall include without limitation the:
(A)
Benefit to the public health;
(B)
Preservation of environmental quality; and
(C)
Cost to the regulated community and the division.
(3)
The conclusions of an economic impact and environmental benefit analysis shall be included in any public notice of the proposed rulemaking and shall be subject to public comment.
Amended by Act 2019, No. 910,§ 2451, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2450, eff. 7/1/2019.
Acts 1997, No. 856, § 1; 2009, No. 1199, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 2 - STATE EMISSION PLANS - PROCEDURES - APPROVAL (§§ 8-3-201 — 8-3-209) › Section 8-3-201 - Findings - Purpose

(a)
The General Assembly finds that:
(1)
The United States Environmental Protection Agency has proposed emission guidelines for the regulation of carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act,
42 U.S.C. § 7411(d)
;
(2)
The proposed guidelines will have a major impact on the economy of Arkansas by regulating how electricity is produced, transmitted, distributed, and consumed within the state;
(3)
The United States Environmental Protection Agency requires states to take the lead role in the regulation of existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act,
42 U.S.C. § 7411(d)
, by developing state plans for the establishment and implementation of performance standards for reducing carbon dioxide emissions from fossil-fuel-fired electric generating units;
(4)
The role of the United States Environmental Protection Agency is limited to establishing federal emission guidelines that assist the states in the development of their state plans to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units and, in establishing federal emission guidelines, the United States Environmental Protection Agency must defer to the states regarding methods for regulating fossil-fuel-fired electric generating units within their jurisdictions; and
(5)
This subchapter expresses the intent of the General Assembly to exercise the powers of the General Assembly under Arkansas Constitution, Article 5, § 42, to:
(A)
Review and approve state agency rules;
(B)
Ensure that rules become effective only after review and approval by the legislative committee charged with review of the rules; and
(C)
Review rules during the interim or a regular, special, or fiscal session of the General Assembly.
(b)
The purpose of this subchapter is to ensure that:
(1)
Before the submission of a state plan to the United States Environmental Protection Agency, the rules of the Arkansas Pollution Control and Ecology Commission that implement the state plan are reviewed and approved by the General Assembly through the Legislative Council consistent with Arkansas Constitution, Article 5, § 42, and any laws promulgated pursuant to Arkansas Constitution, Article 5, § 42; and
(2)
The state plan is reviewed through a transparent public process that assesses the full impact of the state plan on rates, reliability, and employment.
(c)
This subchapter does not create a private right of action for enforcement purposes.
Amended by Act 2021, No. 639,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 445, eff. 7/24/2019.
Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 2 - STATE EMISSION PLANS - PROCEDURES - APPROVAL (§§ 8-3-201 — 8-3-209) › Section 8-3-202 - Definitions

As used in this subchapter:
(1)
"Covered electric generating unit" means an existing fossil-fuel-fired electric generating unit within the state that is subject to regulation under federal emission guidelines;
(2)
"Federal emission guidelines" means a final rule, regulation, guideline, or other requirement that the United States Environmental Protection Agency may adopt for regulating carbon dioxide emissions from covered electric generating units under § 111(d) of the Clean Air Act,
42 U.S.C. § 7411(d)
; and
(3)
"State plan" means a plan to establish and enforce carbon dioxide emission control measures that the Division of Environmental Quality may adopt to implement the obligations of the state under the federal emission guidelines.
Amended by Act 2019, No. 910,§ 2454, eff. 7/1/2019.
Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 2 - STATE EMISSION PLANS - PROCEDURES - APPROVAL (§§ 8-3-201 — 8-3-209) › Section 8-3-203 - State plan preferred - State plan dependent on federal emission guidelines

(a)
(1)
This subchapter does not require the Division of Environmental Quality to develop a state plan to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act,
42 U.S.C. § 7411(d)
.
(2)
However, submission of a state plan is the preferred method of compliance with federal emission guidelines.
(b)
(1)
Notwithstanding approval by the Legislative Council of submission of a state plan to the United States Environmental Protection Agency or submission by the Governor of a state plan under §
8-3-207
, further action by a state agency to implement or enforce a final, approved state plan is dependent upon the final adoption of the federal emission guidelines.
(2)
If the federal emission guidelines are not adopted or are adopted and subsequently suspended or held to be contrary to law, a state agency shall suspend or terminate, as appropriate, further action to implement or enforce the state plan.
Amended by Act 2019, No. 910,§ 2455, eff. 7/1/2019.
Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 3 - WATER AND AIR POLLUTION GENERALLY (§§ 8-3-101 — 8-3-209) › Subchapter 2 - STATE EMISSION PLANS - PROCEDURES - APPROVAL (§§ 8-3-201 — 8-3-209) › Section 8-3-204 - Appeal of state plan - Adjudicatory process

(a)
If the Division of Environmental Quality proposes to finalize a state plan submittal for review and approval by the United States Environmental Protection Agency, the division shall comply with the procedural requirements for notice and public comment specified in §
8-4-317
.
(b)
(1)
Only a person or an organization that submits comments on the record during the public comment period has standing to appeal the final decision of the division to the Arkansas Pollution Control and Ecology Commission upon written application made within thirty (30) days after the service of notice made under §
8-4-317(b)(2)(A)
.
(2)
An appeal under subdivision (b)(1) of this section shall be processed as a permit appeal under §
8-4-205
.
Amended by Act 2019, No. 910,§ 2456, eff. 7/1/2019.
Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.