Arkansas Administrative Code

8 CAR § 12-702. Laboratory certification travel fees. (a)(1) The Division of Environmental Quality will assess reasonable fees for the cost of all expenses incurred during the evaluation of certified laboratories. (2) This includes without limitation the reasonable cost of travel…

8 CAR § 12-703. Failure to pay laboratory certification fees. (a) A laboratory that fails to remit payment of any fee assessed pursuant to this subpart, including without limitation initial certificate, renewed certificate, fees for additional parameters, fees for categories, rea…

8 CAR § 12-801. Division review of fees. (a) The Division of Environmental Quality shall undertake a biennial reevaluation of the permit fee schedule as contained in this part within sixty (60) days of receiving its approved budget for the next biennium. (b) The evaluation shall …

8 CAR § 12-802. Appeals. If any applicant/permittee disagrees with the Division of Environmental Quality’s decision on an assessment of fees, the applicant/permittee may appeal the decision in accordance with the applicable provisions of the Arkansas Water and Air Pollution Contr…

8 CAR § 12-803. Effective date. This rule is effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 13-101. Title. The following part, adopted by authority of and in accordance with the provisions of Arkansas Code §§ 8-1-203, 8-10-303(a)(3)(E), and 8-10-304(b)(6), shall be known as the “Motor Vehicle Racing Facility Rules”, hereinafter referred to as 8 CAR pt. 13.…

8 CAR § 13-102. Purpose. The purpose of this part is to implement the provisions of Arkansas Code §§ 8-10-302, 8-10-303, and 8-10-304.

8 CAR § 13-103. Applicability. (a) This part shall apply to all motor vehicle racing facilities constructed on or after January 1, 1995. (b) All permits previously issued to motor vehicle racing facilities shall remain in effect for the full period of time for which they were iss…

8 CAR § 13-104. Definitions. (a) All words, terms, and phrases used in this part, unless the context otherwise requires, shall have their usual meaning. (b) In addition, for purposes of this part, the following definitions apply: (1) “Annual permit” means the permit issued to a m…

8 CAR § 13-105. Severability. If any provision of this part, or the application of such provision to any person or circumstance, is held invalid, the remainder of this part, or the application of such provision to persons or circumstances other than those as to which it is held i…

8 CAR § 13-301. Effective date. This part is effective ten (10) days after filing with the: (1) Secretary of State; (2) State Library; and (3) Bureau of Legislative Research.

8 CAR § 13-202. Initial annual permit application requirements. (a) All motor vehicle racing facilities constructed after January 1, 1995, shall obtain a permit in accordance with this part. (b)(1) Except as provided in 8 CAR § 13-201(d), all initial annual permit applications fo…

8 CAR § 13-203. Public participation. (a)(1) For the initial annual permit application, the Division of Environmental Quality shall conduct a public hearing on the proposed motor vehicle racing facility. (2) The division shall set a date for the public hearing to be held on the p…

8 CAR § 13-204. Final action on permit. (a) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the Division of Environmental Quality shall be satisfied that the benefits of the motor vehicle racing facility are sustained by proof…

8 CAR § 13-205. Transfer of permits. (a) Permits issued under this part shall remain freely transferable provided: (1) The applicant for the transfer notifies the Director of the Division of Environmental Quality at least thirty (30) days in advance of the proposed transfer date …

8 CAR § 13-206. Permit renewals. (a)(1) Applications for an annual permit shall contain a description of any changes to the motor vehicle racing facility since the last permit issuance or a statement that no changes have occurred. (2) In the event there have been no changes to th…

8 CAR § 13-207. Permit fees. (a) Each initial annual permit shall be subject to a fee of five hundred dollars ($500). (b) Each annual permit shall be subject to a fee of two hundred dollars ($200). (c) The requirements of 8 CAR § 12-201 et seq. shall apply to fees collected under…

8 CAR § 20-101. Title. This part shall be known by and may be cited as “Prevention of Pollution by Oil Field Waste, 8 CAR pt. 20”.

8 CAR § 20-102. Authority. The legal authority for this part is the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq.

8 CAR § 20-103. Purpose. The purpose of this part is to prevent any oil field waste, including without limitation salt water, from entering any water of the state.

8 CAR § 20-104. Applicability. This part applies to crude oil and gas production facilities capable of generating oil field waste.

8 CAR § 20-105. Definitions. As used in this part: (1) “APC&EC” means the Arkansas Pollution Control and Ecology Commission or its successor, unless otherwise specified; (2) “Class II fluids” is defined by the Oil and Gas Commission and means: “(A) Produced water and/or other flu…

8 CAR § 20-201. Discharge of oil field waste prohibited. (a) A person who possesses or controls any oil or gas well as contractor, owner, lessee, agent manager, or in any other capacity, shall not allow any oil field waste to be discharged onto the ground or escape in any other m…

8 CAR § 20-202. Disposal of salt water. Disposal of salt water shall be accomplished by subsurface discharge through a disposal well regulated by the Oil and Gas Commission or other disposal methods approved by the Division of Environmental Quality.

8 CAR § 20-203. Surface disposal prohibited. Unless otherwise permitted by Oil and Gas Commission General Rules, 15 CAR pt. 275, or by the approval of both the Director of the Division of Environmental Quality and the Director of Production and Conservation, surface disposal of o…

8 CAR § 20-204. Misdemeanor and public nuisance. (a) A person shall not violate any other provision of this part or of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq. (b) Violation of any provision of this part is a misdemeanor and each day's con…

8 CAR § 20-301. Repealer. All rules and parts of rules promulgated by the Arkansas Pollution Control and Ecology Commission that are in conflict with this part are repealed to the extent of the conflict.

8 CAR § 20-302. Severability. (a) The provisions of this part are severable. (b) If any part of this part is declared invalid or unenforceable by a court, the remainder of the part will continue to be valid and enforceable.

8 CAR § 20-303. Effective date. This part shall be effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 21-101. Authority. Pursuant to the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., and in compliance with the requirements of the federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., (hereinafter “Clean Water Act”), the Arkansas Po…

8 CAR § 21-102. Purpose. (a)(1) The water quality standards herein set forth are based upon present, future, and potential uses of the surface waters of the state and criteria developed from statistical evaluations of past water quality conditions and a comprehensive study of lea…

8 CAR § 21-103. Arkansas Pollution Control and Ecology Commission review. (a) The water quality standards herein established will be reviewed by the Arkansas Pollution Control and Ecology Commission at least once each three-year period beginning as of October 18, 1972. (b) Revisi…

8 CAR § 21-104. Policy for compliance. (a) It shall be the policy of the Division of Environmental Quality of the Department of Energy and Environment to provide, on a case-by-case basis, a reasonable time for an existing permittee to comply with new or revised water quality-base…

8 CAR § 21-105. Environmental improvement projects. The Arkansas Pollution and Ecology Control Commission may, after consideration of information provided pursuant to Appendix B and Arkansas Code § 8-5-901 et seq., grant temporary modifications to the General and Specific Standar…

8 CAR § 21-106. Definitions. As used in this part: (1) “304(a) guidance” refers to Section 304(a) of the Clean Water Act, 33 U.S.C. § 1314(a), which requires the United States Environmental Protection Agency to publish and periodically update ambient water quality criteria which …

8 CAR § 21-201. Existing uses. Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.

8 CAR § 21-202. High quality waters. (a) Where the quality of the waters exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the state finds, after full satisfac…

8 CAR § 21-203. Outstanding resource waters. (a) Where high quality waters constitute an outstanding state or national resource, such as those waters designated as Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, or Natural and Scenic Waterways, those uses and w…

8 CAR § 21-204. Thermal discharges. In those cases where potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy and implementing method shall be consistent with Section 316 of the Clean Water Act, 33 U.S.C. § 1326.

8 CAR § 21-301. Introduction. (a) Substantially all the waters of the state have been designated for specific uses as shown in Appendix A. (b) In those instances where waters are classified for multiple uses and different criteria are specified for each use, the criteria to prote…

8 CAR § 21-302. Designated uses. The designated uses are defined as follows: (1) Extraordinary Resource Waters. This beneficial use is a combination of the chemical, physical and biological characteristics of a waterbody and its watershed that is characterized by scenic beauty, a…

8 CAR § 21-303. Use attainability analysis. (a) A use attainability analysis must be conducted to justify the following conditions: (1) Removing a fishable/swimmable designated use, which is not an existing use, from a waterbody; or (2) To identify a subcategory of a fishable/swi…

8 CAR § 21-304. Physical alteration of habitat. (a) Significant physical alterations of the habitat within Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, or Natural and Scenic Waterways are not allowed. (b) In other waters, where significant physical alteratio…

8 CAR § 21-305. Short term activity authorization. (a)(1) The Director of the Division of Environmental Quality may authorize, with whatever conditions deemed necessary and without public notice, short term activities which might cause a violation of the Arkansas Water Quality St…

8 CAR § 21-306. Procedures for removal of any designated use except fishable/swimmable, Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway, and modification of water quality criteria not related to these uses. (a) This procedure is appl…

8 CAR § 21-307. Use subcategories. The Arkansas Pollution Control and Ecology Commission may adopt subcategories of a use and set the appropriate criteria to reflect varying needs of such subcategories of uses; for instance, to differentiate between cold and warm water fisheries …

8 CAR § 21-308. Site-specific criteria. In establishing criteria: (1) Establish numerical criteria values based on: (A) 304(a) Guidance; or (B) 304(a) Guidance modified to reflect site conditions (i.e., Water Effects Ratio); or (C) Other scientifically defensible methods. (2) Est…