Arkansas Administrative Code

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…

8 CAR § 21-309. Water quality standards temporary variance. A water quality standards temporary variance shall be developed in accordance with and meet the requirements of 40 C.F.R. §131.14 and must be approved by the Arkansas Pollution Control and Ecology Commission and the Unit…

8 CAR § 21-310. Procedure for the removal of the designated use of Extraordinary Resource Water, or Ecologically Sensitive Waterbody, or Natural and Scenic Waterway for the purpose of constructing a reservoir on a free- flowing waterbody to provide a domestic water supply. (a)(1)…

8 CAR § 21-311. Procedure for the addition of the designated use of Extraordinary Resource Water, or Ecologically Sensitive Waterbody, or Natural and Scenic Waterway to a Waterbody or Segment of a Waterbody. (a)(1) Any waters of the state may be nominated for designation as an Ex…

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…