Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.01.21-004 - Rule 4, "Rule to Require a Disposal Permit for Real Estate Subdivisions in Proximity to Lakes and Streams"

Current through Register Vol. 49, No. 6, June, 2024
RULE
			 NO.4
RULE TO REQUIRE A DISPOSAL PERMIT FOR REAL ESTATE
			 SUBDIVISIONS IN PROXIMITY TO LAKES AND STREAMS
Adopted: June 28, 1973
1. Pursuant to the provisions of Section 3 of
			 Title I of the Arkansas Water and AIR Pollution Control Act, hereinafter
			 referred to as the "Act", (Act 472 of the Acts of Arkansas for 1949, as
			 amended; Ark. Stats., 82-1904), the Arkansas Pollution Control and Ecology
			 Commission hereby promulgates this Rule No. 4 requiring a disposal permit for
			 real estate subdivisions in proximity to certain lakes and streams.
2. When used in this rule:
(a)
"Subdivision"
means any
			 tract of land which is divided into two (2) or more parcels, any parcel of
			 which is less than two (2) acres in size, along an existing or proposed street,
			 highway, easement, or right-of-way, for sale, rent, or lease as residential,
			 industrial, or commercial building lots described by reference to a map or
			 survey of the property.
(b)
"Lake"
means any lake, whether natural, artificial or a
			 combination thereof, with a surface area of 500 acres or more measured at the
			 ordinary high-water mark.
(c)
"Stream"
means a stream listed on Schedule A attached
			 hereto.
(d)
"Division"
means the Division of Environmental Quality.
(e)
"Commission"
means the
			 Pollution Control and Ecology Commission.
(f) Words and phrases defined in the Act (but
			 not defined herein) shall have the same meaning when used herein.
3.
(a) From and after the effective date of this
			 rule, no real estate developer shall cause any new subdivision to be created or
			 platted, containing in the aggregate 50 or more lots, any part of which
			 subdivision is located within 2,640 feet of any lake or stream, and which will
			 not be connected to a public sanitary sewer collection and treatment system,
			 unless the developer shall have first submitted to the Division for approval
			 plans for a disposal system or systems to serve said subdivision adequate to
			 prevent pollution of the waters of the State of Arkansas, together with an
			 application for a permit to install and operate such system or systems, and
			 unless a disposal permit, or approval of future phased construction of the
			 system or systems, has been issued by the Division.
(b) Any presently subdivided land owned
			 and/or developed by a single developer or a group of developers acting in
			 concert (hereinafter called "development") where such subdivided land is
			 contiguous or is known, designated or advertised as a common unit or by a
			 common name and is being offered for sale as part of a common promotional plan
			 shall be covered by this rule and the developer shall obtain a disposal permit
			 as required by Subparagraph (a) hereof, without regard to the number of lots in
			 successive individual offerings or subdivisions and without regard to the
			 platting and partial sale of lots in said development prior to the adoption of
			 this rule so long as said developer or developers own 50 or more lots in said
			 development, as of the effective date of this rule, which are predominately
			 contiguous to each other, any of which are located within 2,640 feet of any
			 lake or stream, and are not connected to a public sanitary sewer collection and
			 treatment system. A permit for developments covered by this subparagraph shall
			 be filed with the Division within sixty days after the effective date of this
			 rule.
4. The limitation
			 as to the minimum number of lots in the subdivisions covered hereunder shall
			 not be applicable when the method of subdividing and/or sale is found by the
			 Commission to have been adopted for the purpose of evasion of this
			 rule.
5. This rule shall be in full
			 force and effect as of the date of its promulgation.