Arkansas Administrative Code

8 CAR § 21-401. Applicability. (a)(1) Unless otherwise indicated in this subpart or in Appendix A, the general standards outlined below are applicable to all surface waters of the state at all times. (2) They apply specifically with regard to substances attributed to discharges, …

8 CAR § 21-402. Nuisance species. All waters shall be free from substances attributed to man-caused point or nonpoint source discharges in concentrations that produce undesirable aquatic biota or result in the dominance of nuisance species.

8 CAR § 21-403. Methods. The methods of sample collection, preservation, measurements, and analyses shall be in accordance with the United States Environmental Protection Agency Guidelines Establishing Test Procedures for the Analysis of Pollutants (40 C.F.R. § 136) or other prov…

8 CAR § 21-404. Mixing zones. (a)(1) Where mixing zones are allowed, the effects of wastes on the receiving stream shall be determined after the wastes have been thoroughly mixed with the mixing zone volume. (2) Outfall structures should be designed to minimize the extent of mixi…

8 CAR § 21-405. Biological integrity. (a)(1) For all waters with specific aquatic life use designated in Appendix A, aquatic biota should not be impacted. (2) Aquatic biota should be representative of streams that have the ability to support the designated aquatic life use, takin…

8 CAR § 21-406. Color. True color shall not be increased in any waters to the extent that it will interfere with present or projected future uses of these waters.

8 CAR § 21-407. Taste and odor. Taste and odor producing substances shall be limited in receiving waters to concentrations that will not interfere with the production of potable water by reasonable water treatment processes, impart unpalatable flavor to food or fish, result in of…

8 CAR § 21-408. Solids, floating material, and deposits. Receiving waters shall have no distinctly visible solids, scum, or foam of a persistent nature, nor shall there be any formation of slime, bottom deposits, or sludge banks.

8 CAR § 21-409. Toxic substances. Discharges shall not be allowed into any waterbody which, after consideration of the zone of initial dilution, the mixing zone, and critical flow conditions, will cause toxicity to human, animal, plant, or aquatic biota or interfere with normal p…

8 CAR § 21-410. Oil and grease. Oil, grease, or petrochemical substances shall not be present in receiving waters to the extent that they: (1) Produce globules, other residue, or any visible, colored film on the surface; (2) Coat the banks and/or bottoms of the waterbody; or (3) …

8 CAR § 21-501. Applicability (a)(1) Unless otherwise indicated in this subpart or in Appendix A, the following specific standards shall apply to all surface waters of the state at all times except during periods when flows are less than the applicable critical flow. (2) Streams …

8 CAR § 21-502. Temperature. (a) Heat shall not be added to any waterbody in excess of the amount that will elevate the natural temperature, outside the mixing zone, by more than 5°F (2.8°C) based upon the monthly average of the maximum daily temperatures measured at mid-depth or…

8 CAR § 21-503. Turbidity. (a) There shall be no distinctly visible increase in turbidity of receiving waters attributable to discharges or instream activities. (b)(1) The values below should not be exceeded during base flow (June 1 through October 31) in more than twenty percent…

8 CAR § 21-504. pH. (a) pH between 6.0 and 9.0 standard units are the applicable criteria for rivers, streams, lakes, and reservoirs. (b) As a result of waste discharges, the pH of water in streams or lakes must not fluctuate in excess of 1.0 standard unit over a period of twenty…

8 CAR § 21-505. Dissolved oxygen. (a) Rivers and streams. (1) The following dissolved oxygen criteria are applicable: (2)(A) In streams with watersheds of less than then ten square miles (<10 mi2), it is assumed that insufficient water exists to support aquatic life during the cr…

8 CAR § 21-506. Radioactivity. (a) The Rules for the Control of Sources of Ionizing Radiation, 20 CAR pt. 3, of the Division of Radiological Health of the Department of Health limits the maximum permissible levels of radiation that may be present in effluents to surface waters in…

8 CAR § 21-507. Bacteria. (a)(1) For the purposes of this part, all streams with watersheds less than ten square miles (10 mi2) shall not be designated for primary contact unless and until site verification indicates that such use is attainable. (2) Secondary contact use is assum…

8 CAR § 21-508. Toxic substances. (a)(1) Toxic substances shall not be present in receiving waters, after mixing, in such quantities as to be toxic to human, animal, plant, or aquatic life or to interfere with the normal propagation, growth, and survival of the aquatic biota. (2)…

8 CAR § 21-509. Nutrients. (a) Materials stimulating algal growth shall not be present in concentrations sufficient to cause objectionable algal densities or other nuisance aquatic vegetation or otherwise impair any designated use of the waterbody. Impairment of a waterbody from …

8 CAR § 21-510. Oil and grease. (a) Oil, grease, or petrochemical substances shall not be present in receiving waters to the extent that they produce globules, other residue, or any visible, colored film on the surface; coat the banks and/or bottoms of the waterbodies; or adverse…

8 CAR § 21-511. Mineral quality. (a) Site specific mineral quality criteria. (1) Mineral quality shall not be altered by municipal, industrial, other waste discharges, or instream activities so as to interfere with designated uses. (2) Site specific mineral quality criteria are f…

8 CAR § 21-512. Ammonia. (a) The total ammonia nitrogen (TAN) criteria and the frequency of occurrence are as follows: (1) The one-hour average concentration of total ammonia nitrogen shall not exceed, more than once every three (3) years on the average, the acute criterion as sh…

8 CAR § 21-601. Effective date. This part 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 § 22-101. Authority. Arkansas Code § 8-5-205 authorizes the Arkansas Pollution Control and Ecology Commission to adopt implementing rules necessary to effectuate the powers and duties of the Wastewater Licensing Committee.

8 CAR § 22-102. Scope of this part. The purpose of this part is to establish requirements for the training, classification, qualifications, and licensing of operators of wastewater treatment plants and for other purposes.

8 CAR § 22-103. Definitions. All terms included in this section shall have the same meaning as established by Arkansas Code § 8-5-201 unless more specifically defined herein: (1) “Approved training” means training reviewed and approved by the Wastewater Licensing Committee that m…

8 CAR § 22-201. Licensing committee composition. (a) The Wastewater Licensing Committee is created and established to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program. …

8 CAR § 22-202. Licensing committee powers and duties. (a) The Wastewater Licensing Committee shall have the power and duty to: (1) Establish such administrative policies and guidelines as necessary to carry out the powers and duties of the committee; (2) Conduct such inquiries a…

8 CAR § 22-301. Employment of licensed operator required. (a) Every owner of a wastewater treatment plant is required to employ a licensed operator with a license classification at least equivalent to the treatment plant's classification as determined in accordance with Subpart 5…

8 CAR § 22-302. Requirements for and classification of licensed municipal wastewater operators. (a) Apprentice license: (1) Issued for a maximum of six (6) months; (2) Issued only once; and (3) The receiving operator must have never been previously licensed under this part. (b) C…

8 CAR § 22-303. Requirements for and classification of technical operators. (a) Class I or II technical (T) license: (1) Satisfactory completion of the requirements in 8 CAR § 22-302(b)(1), (2), and (3) or 8 CAR § 22-302(c)(1), (2), and (4), respectively; and (2) Be currently emp…

8 CAR § 22-304. Requirements for and classification of special operators. (a) A licensed professional engineer is entitled to examination for any class license through Class III. (b) Other educational and/or work experience may qualify an operator for similar consideration by the…

8 CAR § 22-305. Requirements for industrial wastewater operators. (a) Apprentice license: (1) Issued for a maximum of six (6) months; (2) Issued only once; and (3) The receiving operator must have never been previously licensed under this part. (b) Basic industrial license: (1) H…

8 CAR § 22-306. License class requirements. (a) Any operator wishing to obtain any wastewater operator license must fulfill the license class requirements. (b) Any industrial operator that changes employment to a municipal, or any municipal operator that changes employment to an …

8 CAR § 22-307. Multiple licenses. (a) Fulfill class requirements. Any operator that wishes to hold multiple licenses (a municipal license and an industrial license), must fulfill all of the requirements of both classes. (b) Multilicense renewals. Those operators that hold multip…

8 CAR § 22-308. Conversion to the new industrial wastewater operator license. (a)(1) On the effective date of this part, grandfathering into the new industrial wastewater operator license will be allowed based on the level of the wastewater examination the operator has successful…

8 CAR § 22-401. Training certification. (a) All training to meet the requirements of this part must be approved by the Wastewater Licensing Committee as outlined in this part. (b) Training approved and certified by the committee to meet the requirements of this part shall be dire…

8 CAR § 22-402. Responsibility of operators and trainers. (a) It shall be the responsibility of each operator to verify that the training meets the requirements of this part. (b) It is the operators'/trainers' responsibility to notify the Wastewater Licensing Committee's executiv…

8 CAR § 22-403. Training requirements. (a) License renewal. (1)(A) A minimum of twenty-four (24) hours, or two and four-tenths (2.4) continuing education units (CEUs), of approved wastewater training must be obtained per two-year renewal period. (B)(i) At least twelve (12) of the…

8 CAR § 22-501. Licensure requirements for treatment plants. (a) Any person who operates a wastewater treatment plant, in whole or in part, and who, during the performance of their regular duties, exercises individual judgment which directly or indirectly may affect the proper op…

8 CAR § 22-502. Classification of municipal wastewater treatment plants. (a)(1) Plants that treat domestic sewage for public health will be classified under this section. (2) Package plants and sequencing batch reactors (SBRs) will be classified on the basis of each individual co…

8 CAR § 22-503. Classification of industrial wastewater treatment plants. (a)(1) A wastewater treatment plant shall be classified as industrial if it is a privately owned wastewater treatment plant for treating liquid wastes, resulting from: (A) Any process of: (i) Industry; (ii)…

8 CAR § 22-601. Administration. (a) The wastewater licensing program shall be administered by the executive secretary of the Wastewater Licensing Committee. (b) Initial licensing and examination. (1) Any person desiring to take a license examination for which that person is eligi…

8 CAR § 22-701. 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 § 23-101. Purpose. Pursuant to the provisions of Section 3 of Title I of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., hereinafter referred to as the “Act”, (Acts 1949, No. 472, as amended; Ark. Stats., 82-1904), the Arkansas Commission …

8 CAR § 23-102. Definitions. (a) When used in this part: (1) “Commission” means the Arkansas Pollution Control and Ecology Commission; (2) “Division” means the Division of Environmental Quality; (3)(A) “Lake” means any lake, whether natural, artificial, or a combination thereof, …

8 CAR § 23-103. Permit and disposal system approval required. (a) From and after the effective date of this part, no real estate developer shall cause any new subdivision to be created or platted, containing in the aggregate fifty (50) or more lots, any part of which subdivision …