reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 14 - RESIDENTIAL USE OF LANDFILLS (§§ 8-6-1401 — 8-6-1405) › Section 8-6-1404 - Land use

(a)
Six (6) months after August 13, 1993, it shall be unlawful for any person, partnership, company, corporation, or other entity to build, erect, or construct any house, home, or building to be used for residential purposes upon any land used as or which has been used as a solid waste landfill permitted under the Arkansas Solid Waste Management Act, §
8-6-201
et seq.
(b)
On August 13, 1993, those houses, homes, and other buildings located on any land used as or which has been used as a solid waste landfill and which are currently being used for residential purposes shall be allowed to remain on that land and may be used for residential purposes.
(c)
(1)
The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall be limited to application to the area of the land which was specifically used as a landfill for the placement and disposal of solid waste.
(2)
The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall not apply to landfills or the land which was specifically used as a landfill more than twenty-five (25) years before August 13, 1993.
Amended by Act 2019, No. 315,§ 582, eff. 7/24/2019.
Acts 1993, No. 718, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 14 - RESIDENTIAL USE OF LANDFILLS (§§ 8-6-1401 — 8-6-1405) › Section 8-6-1405 - Violations

Any person who violates the provisions of this subchapter shall be subject to the civil penalties prescribed in §
8-6-204
.
Acts 1993, No. 718, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 15 - SITING HIGH IMPACT SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-1501 — 8-6-1504) › Section 8-6-1501 - Legislative intent

(a)
Through extensive legislation since 1989, the State of Arkansas has made significant strides toward a comprehensive and regionalized approach to solid waste management. The General Assembly recognizes the need to develop viable facilities for managing and disposing of the state's solid waste. This subchapter should be construed as a complement to the state's overall regionalization strategy by encouraging an equitable and efficient dispersal of solid waste management facilities to serve the needs of all citizens.
(b)
The General Assembly also acknowledges that, while solid waste management facilities are essential, certain types of solid waste management facilities impose specific burdens on the host community. National trends indicate a tendency to concentrate high impact solid waste disposal facilities in lower-income or minority communities. Such high impact solid waste disposal facilities may place an onus on the host community without any reciprocal benefits to local residents. The purpose of this subchapter is to prevent communities from becoming involuntary hosts to a proliferation of high impact solid waste management facilities.
Acts 1993, No. 1263, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 15 - SITING HIGH IMPACT SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-1501 — 8-6-1504) › Section 8-6-1502 - Definitions

As used in this subchapter:
(1)
"Hazardous substance sites" means the same as set out in §
8-7-503
;
(2)
"Hazardous waste" means the same as set out in §
8-7-203
;
(3)
(A)
"High impact solid waste management facility" means, excluding the facilities described in subdivision (3)(B) of this section, any solid waste landfill, any solid or commercial hazardous waste incinerator, and any commercial hazardous waste treatment, storage, or disposal facility.
(B)
"High impact solid waste management facility" does not include the following:
(i)
Recycling or composting facilities;
(ii)
Waste tire management sites;
(iii)
Solid waste transfer stations;
(iv)
Solid waste landfills which have applications pending for either increased or new acreage or provisions for additional services or increased capacity;
(v)
A facility dedicated solely to the treatment, storage, or disposal of solid waste or hazardous waste generated by a private industry when the private industry bears the expense of operating and maintaining the facility solely for the disposal of waste generated by the industry or wastes of a similar kind or character;
(vi)
A facility or activity dedicated solely to a response action at a location listed by the state or United States Government as a hazardous substance site;
(vii)
An existing facility operating under the interim status of the Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6901
et seq., or implementing rules of the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq., or the Arkansas Hazardous Waste Management Code; or
(viii)
Expansion of existing hazardous waste facilities under the Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6901
et seq., or the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq., either through increased acreage or provision for additional services or increased capacity;
(4)
"Host community" means the closest governmental unit as measured along major facility access roads and highways exercising zoning authority encompassed within a twelve-mile radius of the site of a proposed high impact solid waste management facility;
(5)
"Permitting" means any governmental authorization to proceed with construction or operation of a facility or activity required by either state law or local ordinance; and
(6)
(A)
"Solid waste" means the same as set out in §
8-6-702
.
(B)
However, "solid waste" does not include hazardous waste as defined in this section.
Amended by Act 2019, No. 315,§ 583, eff. 7/24/2019.
Acts 1993, No. 1263, § 2; 2005, No. 1781, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 15 - SITING HIGH IMPACT SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-1501 — 8-6-1504) › Section 8-6-1503 - Division's permitting authority

The Division of Environmental Quality shall not process any application for a permit subject to §
8-6-1504
until the affected local and regional authorities have issued definitive findings regarding the criteria set out in §
8-6-1504
.
Amended by Act 2019, No. 910,§ 2695, eff. 7/1/2019.
Acts 1993, No. 1263, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 15 - SITING HIGH IMPACT SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-1501 — 8-6-1504) › Section 8-6-1504 - Presumption against certain sites

(a)
(1)
There shall be a rebuttable presumption against permitting the construction or operation of any high impact solid waste management facility, as defined in this subchapter, within twelve (12) miles of any existing high impact solid waste management facility.
(2)
This presumption shall be honored by the Division of Environmental Quality, the regional solid waste management board with jurisdiction over the site, and any other governmental entity with permitting or zoning authority concerning any facility.
(b)
The presumption in subsection (a) of this section can be rebutted if any of the following is shown:
(1)
That no other suitable site for such a high impact solid waste management facility is available within the regional solid waste management district because of the restraints of geology or any other factors listed at §
8-6-706(b)(2)
; or
(2)
(A)
That incentives have prompted the host community to accept the siting of the high impact solid waste management facility.
(B)
Such incentives may include, without limitation:
(i)
Increased employment opportunities;
(ii)
Reasonable host fees not to exceed the prevailing state average;
(iii)
Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control;
(iv)
Compensation to adjacent individual landowners for any assessed decrease in property values; or
(v)
Subsidization of community services.
Amended by Act 2019, No. 910,§ 2696, eff. 7/1/2019.
Acts 1993, No. 1263, § 3; 1999, No. 1164, § 83.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 16 - FINANCIAL ASSURANCE (§§ 8-6-1601 — 8-6-1604) › Section 8-6-1601 - Purpose

(a)
The purpose of this subchapter is to establish the procedure for posting financial assurance for all permitted solid waste management facilities.
(b)
The procedure for issuance of permits for solid waste management facilities shall be as provided in the rules adopted by the Arkansas Pollution Control and Ecology Commission under this subchapter or as otherwise provided by law.
(c)
(1)
After an application to operate a solid waste management facility has been reviewed and approved but before a permit is issued, the applicant shall post with the Division of Environmental Quality, on forms prescribed by the division in accordance with the rules issued under this subchapter, a corporate surety bond for performance or an acceptable alternative, such as a certificate of deposit or letter of credit payable to the division and conditioned upon faithful performance of all requirements of this subchapter, the rules issued pursuant to this subchapter, and the permit, including, but not limited to, proper closure of the solid waste management facility.
(2)
Liability under the bond shall be for the duration of the disposal operation and for that period required to properly close the solid waste management facility and for post-closure care, in accordance with the rules issued by the commission.
Amended by Act 2019, No. 315,§ 584, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2697, eff. 7/1/2019.
Acts 1995, No. 510, § 1; 1999, No. 758, § 1; 1999, No. 1164, § 84.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 16 - FINANCIAL ASSURANCE (§§ 8-6-1601 — 8-6-1604) › Section 8-6-1604 - Solid Waste Performance Bond Fund

(a)
A Solid Waste Performance Bond Fund is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.
(b)
In addition to any moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all forfeitures collected under this subchapter, United States Government moneys designated to enter the fund, any moneys received by the state as a gift or donation to the fund, and all interest earned upon moneys deposited into the fund.
(c)
The fund shall be administered by the Division of Environmental Quality and will be used to accomplish remedial action, including closure of lands covered by performance bonds forfeited under this subchapter.
(d)
Moneys received annually into the fund shall be used by the division for the administration of remedial actions performed as a result of this subchapter.
Amended by Act 2019, No. 910,§ 2700, eff. 7/1/2019.
Acts 1995, No. 510, § 1; 1997, No. 938, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 17 - OPEN BURNING OF RESIDENTIAL YARD WASTE (§§ 8-6-1701 — 8-6-1704) › Section 8-6-1701 - Definitions

As used in this subchapter:
(1)
(A)
"Open burning" means the incineration or combustion of waste materials as a method of disposal without any means to control the fuel/air ratio.
(B)
"Open burning" does not include activities exempted from rules as air pollution in §
8-4-305
or in rules adopted by the Arkansas Pollution Control and Ecology Commission, if the activities exempted do not cause a fire or safety hazard; and
(2)
"Yard waste" means grass clippings, leaves, and shrubbery trimmings collected from residential property.
Amended by Act 2021, No. 469,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 595, eff. 7/24/2019.
Acts 1997, No. 1151, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 17 - OPEN BURNING OF RESIDENTIAL YARD WASTE (§§ 8-6-1701 — 8-6-1704) › Section 8-6-1702 - State policy concerning disposal of yard waste

It is the policy of this state that the open burning of residential yard waste should be discouraged and that alternative methods of yard waste disposal should be developed and made readily available to all citizens. In enforcement of this policy, the state and local governments should first pursue educational and voluntary compliance efforts, with punitive sanctions reserved as the last resort to address instances of localized nuisances, fire and safety hazards, or refusal to obey reasonable demands to cease open burning when alternative disposal methods are available.
Acts 1997, No. 1151, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 17 - OPEN BURNING OF RESIDENTIAL YARD WASTE (§§ 8-6-1701 — 8-6-1704) › Section 8-6-1703 - Restrictions on open burning of yard waste

(a)
The open burning of yard waste is discouraged. Enforcement shall be through informal educational efforts, unless such efforts are proven to be manifestly ineffective in preventing specific instances of open burning.
(b)
No citation or civil fine shall be issued or levied against the owner of a private residence for the open burning of brush or yard waste unless such open burning constitutes:
(1)
A persistent or recurring offense to surrounding landowners, as determined by complaints to state or local officials;
(2)
A fire hazard to surrounding property, as determined by appropriate local officials; or
(3)
A safety hazard causing obscured vision on public roads or highways.
(c)
(1)
No citation or civil fine shall be issued or levied pursuant to the exception of subdivision (b)(1) of this section unless first preceded by a warning order or other appropriate notification delivered to the alleged violator by certified mail, restricted delivery, or other appropriate mechanism of legal service, indicating that a local or state agency has received a complaint concerning open burning activities. Such order or notification need not reveal the identity of the complainants. This order or notification shall advise the alleged violator of alternatives to open burning of yard waste.
(2)
As used in subdivision (b)(1) of this section, "persistent or recurring" burning includes activities that are seasonal or annual. Each day of any event of open burning that continues following executed service of a warning order or notification may justify a citation or civil fine unless the alleged violator takes reasonably diligent measures to extinguish or control the fire.
(d)
Nothing in this subchapter shall be construed as impairing the authority of local fire control officials to abate fire hazards through whatever regulatory mechanisms deemed necessary and appropriate.
(e)
Nothing in this subchapter shall be construed as impairing the authority of the Division of Environmental Quality to abate reasonably likely exceedances of National Ambient Air Quality Standards.
Amended by Act 2019, No. 910,§ 2701, eff. 7/1/2019.
Acts 1997, No. 1151, § 3; 1999, No. 1164, § 87.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 17 - OPEN BURNING OF RESIDENTIAL YARD WASTE (§§ 8-6-1701 — 8-6-1704) › Section 8-6-1704 - Private rights unchanged

This subchapter shall not be construed as impairing common law private rights of action.
Acts 1997, No. 1151, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 18 - ANIMAL WASTE (§ 8-6-1801) › Section 8-6-1801 - Management plan - Substitution

If the Division of Environmental Quality requires a person to obtain an animal waste management plan, including a permit application, prepared by a professional engineer as defined in §
17-30-101
, the person may substitute a plan prepared under the supervision of a professional engineer employed by one (1) of the following agencies:
(1)
A conservation district;
(2)
The Arkansas Natural Resources Commission;
(3)
The United States Natural Resources Conservation Service; or
(4)
The University of Arkansas Cooperative Extension Service.
Amended by Act 2019, No. 910,§ 2702, eff. 7/1/2019.
Acts 1997, No. 415, § 1; 1999, No. 1164, § 88; 2011, No. 897, § 9.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 19 - STATEWIDE SOLID WASTE MANAGEMENT PLAN ACT (§§ 8-6-1901 — 8-6-1904) › Section 8-6-1901 - Title

This subchapter may be known and cited as the "Statewide Solid Waste Management Plan Act".
Acts 2001, No. 1376, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 19 - STATEWIDE SOLID WASTE MANAGEMENT PLAN ACT (§§ 8-6-1901 — 8-6-1904) › Section 8-6-1902 - Findings

The General Assembly makes the following findings:
(1)
The Division of Environmental Quality has been charged by the General Assembly with the responsibility of developing the Statewide Solid Waste Management Plan which, when feasible, gives emphasis to regional planning;
(2)
The difficult task of addressing the complex solid waste needs of the state on a regional basis has been accomplished by creating regional solid waste management boards;
(3)
The need for a Statewide Solid Waste Management Plan remains; and
(4)
The development and implementation of a Statewide Solid Waste Management Plan is necessary to protect the public's health and the state's environmental quality and to maximize the efficiency of regional solid waste management systems.
Amended by Act 2019, No. 910,§ 2703, eff. 7/1/2019.
Acts 2001, No. 1376, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 19 - STATEWIDE SOLID WASTE MANAGEMENT PLAN ACT (§§ 8-6-1901 — 8-6-1904) › Section 8-6-1903 - Definitions

As used in this subchapter:
(1)
"Board" or "regional board" means a regional solid waste management board established pursuant to §
8-6-701
et seq.; and
(2)
"Commission" means the Arkansas Pollution Control and Ecology Commission.
Amended by Act 2019, No. 910,§ 2704, eff. 7/1/2019.
Acts 2001, No. 1376, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 19 - STATEWIDE SOLID WASTE MANAGEMENT PLAN ACT (§§ 8-6-1901 — 8-6-1904) › Section 8-6-1904 - Development and implementation

(a)
The Division of Environmental Quality shall develop the Statewide Solid Waste Management Plan to establish minimum requirements for all regional solid waste management plans, including requirements for:
(1)
Strategic planning;
(2)
Reporting;
(3)
Public notice and participation;
(4)
Services; and
(5)
Solutions to problems and issues.
(b)
Within one (1) year after the Statewide Solid Waste Management Plan becomes final, each regional solid waste management board shall develop a regional solid waste management plan for division review and approval, which includes the minimum requirements contained in the Statewide Solid Waste Management Plan. This new regional solid waste management plan shall replace any existing regional solid waste management plan previously developed.
(c)
Failure of any board to develop or implement any requirement contained in the Statewide Solid Waste Management Plan shall subject the board to:
(1)
The penalty and enforcement provisions contained in §
8-6-204
; or
(2)
Denial, discontinuation, or reimbursement of any funding administered by the division to the board.
(d)
The Arkansas Pollution Control and Ecology Commission may adopt reasonable rules necessary to implement or effectuate the purposes and intent of this subchapter.
Amended by Act 2019, No. 315,§ 596, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2706, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2705, eff. 7/1/2019.
Amended by Act 2013, No. 1153,§ 3, eff. 8/16/2013.
Acts 2001, No. 1376, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2001 - Title

This subchapter shall be known and may be cited as the "Environmental Compliance Resource Act".
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2002 - Purpose

The purpose of this subchapter is to protect the public health, safety, and welfare of the state by:
(1)
Improving the operational efficiency of the Division of Environmental Quality concerning the resources provided to local governments and other state agencies, boards, and commissions;
(2)
Creating the Environmental Compliance Resource Program to be administered by the division to provide resources to local governments and other state agencies, boards, and commissions;
(3)
Ensuring that cities, municipalities, counties, regional solid waste management districts, and state agencies, boards, and commissions have sufficient resources;
(4)
Authorizing the division to develop, implement, and administer an Environmental Compliance Resource Program; and
(5)
Modernizing, simplifying, and clarifying the law related to illegal dumping of solid waste and other similar issues that affect the public health, safety, and welfare.
Amended by Act 2021, No. 749,§ 1, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2004 - Applicability

This subchapter applies to violations of this chapter, violations of Chapter 6 of Arkansas Pollution Control and Ecology Commission Rule 18, and violations of the Used Tire Recycling and Accountability Act, §
8-9-401
et seq.
Amended by Act 2021, No. 749,§ 3, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2005 - Prohibited conduct

An act or omission that results in one (1) or more of the following in this state is prohibited by this subchapter:
(1)
The illegal dumping of solid waste or illegal disposal of solid waste;
(2)
The creation or participation in the creation or furtherance of an illegal dump site;
(3)
The illegal disposal of solid waste or illegal dumping of solid waste that has resulted from a property owner's own household activities on his or her own land if the disposal:
(A)
Creates a public or private nuisance;
(B)
Is a hazard to health; or
(C)
Involves the open dumping of garbage; or
(4)
Any other environmental violation applicable to this subchapter under §
8-6-2004
.
Amended by Act 2021, No. 749,§ 4, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2006 - Commission power and duties

The Arkansas Pollution Control and Ecology Commission shall promulgate rules for the administration of the Environmental Compliance Resource Program under this subchapter.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2007 - Division power and duties

(a)
The Division of Environmental Quality shall develop, implement, and administer an Environmental Compliance Resource Program as provided under this subchapter and pursuant to the rules promulgated by the Arkansas Pollution Control and Ecology Commission.
(b)
(1)
The division shall designate at least one (1) employee as a program coordinator.
(2)
A program coordinator shall obtain the equivalent academic training and pass the equivalent test as an environmental officer under §
8-6-2010
.
(3)
If an employee designated under subdivision (b)(1) of this section has met the requirements under subdivision (b)(2) of this section, the Director of the Division of Environmental Quality shall issue a technical certificate that establishes that the employee holds the equivalent credentials as an individual who is certified as an environmental officer under §
8-6-2010
.
(4)
An employee who is certified as an environmental officer and is a program coordinator may perform the duties of an environmental officer within the state as well as other duties assigned by the director.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2008 - Environmental Compliance Resource Program

(a)
The Director of the Division of Environmental Quality or his or her designee shall develop, implement, and administer the Environmental Compliance Resource Program.
(b)
The program shall provide:
(1)
Guidance and resources to all certified environmental officers;
(2)
Evaluation of all applicants for initial training as an environmental officer;
(3)
Coordination of training and examination of all potential environmental officers;
(4)
Certification to individuals who have completed the required environmental officer training and examination;
(5)
Coordination of continuing education for all certified environmental officers; and
(6)
Other services as determined necessary by the director.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2009 - Promulgation of uniform environmental citation form

(a)
(1)
The Division of Environmental Quality shall develop and promulgate a uniform environmental citation form based on the laws applicable to this subchapter under §
8-6-2004
and conduct prohibited under §
8-6-2005
in consultation with the Attorney General.
(2)
The uniform environmental citation form shall be used exclusively by all environmental officers in this state in issuing citations for environmental violations.
(b)
Subsection (a) of this section does not prohibit a municipality, city, county, or regional solid waste management district from promulgating citation forms for use in enforcement of violations of their local ordinances or bylaws.
Amended by Act 2021, No. 749,§ 5, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2010 - Applicant eligibility - Training and examination - Certification fees

(a)
(1)
An individual is eligible to apply for initial training as an environmental officer if the individual is a current employee of a municipality, city, county, regional solid waste management district, or state agency, board, or commission.
(2)
The Director of the Division of Environmental Quality shall make the final determination on eligibility.
(b)
(1)
The Division of Environmental Quality shall designate approved environmental officer training and examination programs for eligible applicants and for annual renewals of the environmental certificate of a certified environmental officer.
(2)
An eligible applicant or a certified environmental officer is responsible for payment of costs associated with his or her required training and examination.
(c)
(1)
For initial certification of an environmental officer, the division shall require from an applicant:
(A)
Proof of completed training and a passing score on the examination from a division-approved environmental officer training and examination program; and
(B)
Payment of a fee of fifty dollars ($50.00).
(2)
For annual renewal of the environmental officer certificate, the division shall require from a certified environmental officer:
(A)
Proof of completed continuing education from an approved environmental officer training program in compliance with all applicable rules of the Arkansas Pollution Control and Ecology Commission; and
(B)
Payment of a fee of twenty-five dollars ($25.00).
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2012 - Issuing an environmental citation

(a)
An environmental officer shall use the uniform environmental citation form referenced in §
8-6-2009
to issue a citation for an alleged environmental violation under this chapter.
(b)
An environmental officer may issue a citation for an alleged environmental violation committed within the territorial jurisdiction of the environmental officer's employer.
Amended by Act 2021, No. 749,§ 7, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2013 - Filing an environmental citation

A citation for an alleged environmental violation issued by an environmental officer shall be filed in a court of competent jurisdiction in the county where the alleged environmental violation was committed.
Amended by Act 2021, No. 749,§ 8, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2014 - Serving an environmental citation

A citation for an alleged environmental violation issued under this chapter shall be served in person or by mailing a copy of the citation by certified mail to either the address obtained from evidence collected from the environmental violation location or to the last known address of the alleged violator.
Amended by Act 2021, No. 749,§ 9, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2015 - Hearing on an environmental citation - Penalties

(a)
(1)
(A)
Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the court named within the citation at the location and time designated in the citation.
(B)
The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the alleged environmental violation.
(2)
If, as verified by the environmental officer, the alleged environmental violation is remediated by the alleged violator within the time period established under §
8-6-2016
using the procedure under this subchapter, the court shall dismiss the matter from the docket without hearing.
(3)
If the environmental officer extends the time period for remediation under §
8-6-2016(c)
, the court shall reschedule the hearing for not more than thirty (30) days after the extension for remediation.
(b)
A court of competent jurisdiction over a citation issued by an environmental officer may issue penalties under §
8-6-204
.
(c)
(1)
A judgment entered under this subchapter:
(A)
May be enforced in the same manner as any other judgment; and
(B)
Is a final decision for purposes of appellate review.
(2)
A person against which the judgment is entered by a district court may appeal the decision to circuit court.
(d)
A judgment entered under this subchapter does not preclude claims under §
8-6-206
by another person.
Amended by Act 2021, No. 749,§ 10, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2016 - Remediation procedures for environmental citations

(a)
(1)
The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation.
(2)
The time period shall not exceed thirty (30) days from the date of the environmental citation.
(b)
To determine the time period, the environmental officer shall consider without limitation:
(1)
The severity of the environmental violation;
(2)
The size of the environmental violation;
(3)
The ability of the alleged violator to remove the solid waste and otherwise remediate the environmental violation; and
(4)
Any other factor that affects the alleged violator's capability to remove the solid waste and otherwise remediate the environmental violation.
(c)
(1)
The environmental officer may extend the time period under subsection (a) of this section if the alleged violator has exercised due diligence to remediate the environmental violation but cannot complete the remediation within the time period set due to one (1) or more of the factors under subsection (b) of this section.
(2)
If the environmental officer extends the time period under subdivision (c)(1) of this section, the environmental officer shall notify the court with jurisdiction over the environmental citation hearing under §
8-6-2015
and request rescheduling of the hearing.
(d)
If the alleged violator removes the solid waste from the location or otherwise remediates the environmental violation, the alleged violator shall present to the environmental officer a cost statement.
(e)
(1)
If the alleged violator has removed the solid waste, remediated the environmental violation, and presented a cost statement to the environmental officer, the environmental officer shall file an affidavit with the court that establishes that the environmental violation has been remediated and the environmental citation is withdrawn.
(2)
The affidavit shall include the cost statement and the results of an investigation that the environmental officer has completed at the location of the environmental violation.
(f)
After filing the affidavit under subsection (e) of this section, the environmental officer shall notify the court that the hearing required under §
8-6-2015
is unnecessary and the environmental citation has been withdrawn.
(g)
The environmental officer shall provide a copy of the affidavit under subsection (e) of this section to the Environmental Compliance Resource Program.
Amended by Act 2021, No. 749,§ 12, eff. 7/28/2021.
Amended by Act 2021, No. 749,§ 11, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2017 - Fines and costs

(a)
If fines and costs are not paid for judgments for violations of this chapter, the party that has not paid the fines and costs is subject to an administrative or civil enforcement action under law or rule, or both.
(b)
Sanctions for nonpayment may include administrative, civil, or criminal penalties as provided in the applicable law or rule, or both.
Amended by Act 2021, No. 749,§ 13, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2018 - Other authority unaffected

This subchapter does not limit the authority of an employee of:
(1)
A municipality, city, county, or regional solid waste management district to issue a citation for a violation of a local ordinance or bylaw; or
(2)
A state agency, board, or commission with the statutory duty to enforce other state laws or rules, federal laws or regulations, or local ordinances.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2019 - Agriculture exemption

(a)
Except as provided under subsection (b) of this section, this subchapter does not apply to:
(1)
The disposal of solid waste if the disposal:
(A)
Results from operations of farms, grain elevators, cotton gins, and similar industries;
(B)
Is at a place where agricultural gleanings and crop residue that result from operations of farms, grain elevators, cotton gins, and similar industries are being land applied in accordance with current management practices of the industries or the agricultural community; and
(C)
Has been authorized and consented to by the landowner; or
(2)
A landowner who disposes of solid waste on the property where the solid waste results from agricultural or farming operations or household operations.
(b)
The exemptions under subsection (a) of this section do not apply to a disposal of solid waste if the disposal:
(1)
Creates:
(A)
An illegal dump site;
(B)
A public or private nuisance; or
(C)
A fire, health, or safety hazard to the public; or
(2)
Involves the open dumping of garbage.
Amended by Act 2021, No. 749,§ 14, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
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 1 - GENERAL PROVISIONS (§ 8-7-101) › Section 8-7-101 - Civil liability of those assisting at accidents - Definitions

(a)
As used in this section, unless the context otherwise requires:
(1)
"Discharge" means spillage, leakage, seepage, fire, explosion, or other release; and
(2)
"Hazardous materials" means all materials and substances which are designated or defined as hazardous by law or rule of this state or by law or regulation of the United States Government.
(b)
Notwithstanding any law to the contrary, no individual, partnership, corporation, association, or other entity shall be liable in civil damages as a result of acts taken, voluntarily and without compensation, in the course of rendering care, assistance, or advice with respect to an incident creating a danger to person, property, or the environment as a result of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, disposing of, or attempting to prevent, clean up, or dispose of any such discharge.
(c)
This section shall not preclude liability for civil damages as the result of gross negligence. Reckless, willful, or wanton misconduct shall constitute gross negligence.
Amended by Act 2019, No. 315,§ 597, eff. 7/24/2019.
Acts 1983, No. 913, §§ 1-3; A.S.A. 1947, §§ 82-4225 -- 82-4227.
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 8-7-201 - Title

This subchapter may be cited as the "Arkansas Hazardous Waste Management Act of 1979".
Acts 1979, No. 406, § 1; A.S.A. 1947, § 82-4201.
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 8-7-202 - Purpose

It is the purpose of this subchapter and it is declared to be the policy of this state to:
(1)
Protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous waste;
(2)
Establish a program of regulation over the generation, storage, transportation, treatment, and disposal of hazardous waste;
(3)
Assure the safe and adequate management of hazardous waste within this state;
(4)
Qualify the Division of Environmental Quality to adopt, administer, and enforce a hazardous waste program pursuant to the Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6901
et seq.; and
(5)
Afford the people of the State of Arkansas a voice in the permitting of hazardous waste facilities within their respective counties.
Amended by Act 2019, No. 910,§ 2707, eff. 7/1/2019.
Acts 1979, No. 406, § 2; A.S.A. 1947, § 82-4202; Acts 1989, No. 643, § 1; 1999, No. 1164, § 89.
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 8-7-205 - Unlawful actions

It shall be unlawful for any person to:
(1)
Violate any provisions of this subchapter or of any rule, permit, or order adopted or issued under this subchapter;
(2)
Knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subchapter or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted pursuant thereto;
(3)
Dispose of hazardous waste at any disposal site or facility other than one for which a permit has been issued by the Division of Environmental Quality pursuant to this subchapter; or
(4)
Store, collect, transport, treat, or dispose of any hazardous waste contrary to the rules, permits, or orders issued under this subchapter or in such a manner or place as to create or as is likely to be created a public nuisance or a public health hazard or to cause or is likely to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq.
Amended by Act 2019, No. 315,§ 604, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 603, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2717, eff. 7/1/2019.
Acts 1979, No. 406, § 12; A.S.A. 1947, § 82-4212.
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 8-7-206 - Private right of action

Any person adversely affected by a violation of this subchapter or of any rules or orders issued pursuant thereto shall have a private right of action for relief against such violation.
Amended by Act 2019, No. 315,§ 605, eff. 7/24/2019.
Acts 1979, No. 406, § 15; A.S.A. 1947, § 82-4215.
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 8-7-207 - Venue for legal proceedings

All legal proceedings affecting hazardous waste treatment or hazardous waste disposal facilities in this state shall be brought in the county in which the facility is located.
Acts 1979, No. 406, § 16; A.S.A. 1947, § 82-4216.
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 8-7-208 - Official agency for program and agreements

(a)
The Division of Environmental Quality is designated as the official agency for the state for all purposes of the Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6901
et seq., and for the purpose of such other state or federal legislation as may be enacted to assist in the management of hazardous wastes.
(b)
(1)
The General Assembly encourages cooperative activities by the division with other states for the improved management of hazardous wastes and, so far as is practicable, uniform state laws relating to the management of hazardous wastes and compacts between this and other states for the improved management of hazardous wastes.
(2)
The division may enter into agreements with the responsible authorities of the United States or of other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed in the management of hazardous wastes not inconsistent with the provisions of this subchapter and may carry out such agreements.
Amended by Act 2019, No. 910,§ 2718, eff. 7/1/2019.
Acts 1979, No. 406, § 10; A.S.A. 1947, § 82-4210.
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 8-7-210 - Existing rules, etc

(a)
All existing rules of the Division of Environmental Quality not inconsistent with the provisions of this subchapter relating to subjects embraced within this subchapter shall remain in full force and effect until expressly repealed, amended, or superseded by the Arkansas Pollution Control and Ecology Commission, insofar as the rules do not conflict with the provisions of this subchapter.
(b)
All orders entered, permits granted, and pending legal proceedings instituted by the division relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the division or commission under this subchapter.
(c)
No existing civil or criminal remedies, public or private, for any wrongful action shall be excluded or impaired by this subchapter.
(d)
The provisions of this subchapter and the rules promulgated pursuant to this subchapter shall govern if they conflict with the provisions of the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq., or the Arkansas Solid Waste Management Act, §
8-6-201
et seq., or any action taken by the division or commission under those laws.
Amended by Act 2019, No. 315,§ 613, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 612, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2726, eff. 7/1/2019.
Acts 1979, No. 406, § 15; A.S.A. 1947, § 82-4215.