Arkansas Administrative Code

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 …

8 CAR § 23-104. Minimum lots exception. 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 Arkansas Pollution Control and Ecology Commission to have been adopted …

8 CAR § 23-105. Effective date. This part shall be in full force and effect as of the date of its promulgation.

8 CAR § 23-106. Streams covered by this part. Streams covered by this part: (1) Arkansas River Basin: (A) Arkansas River; (B) Big Bayou Meto; (C) Big Maumelle River; (D) Big Piney Creek; (E) Cadron Creek; (F) Fourche La Fave River; (G) Frog Bayou; (H) Illinois Bayou, including: (…

8 CAR § 24-101. Title. The following rules of the Arkansas Pollution Control and Ecology Commission adopted pursuant to the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., shall be known as 8 CAR pt. 24, Liquid Animal Waste Management Systems.…

8 CAR § 24-102. Purpose. (a) The purpose of this part is to establish the minimum qualifications, standards, and procedures for issuance of permits for confined animal operations using liquid animal waste management systems within the state and for the issuance of permits for lan…

8 CAR § 24-103. Applicability. The provisions of this part are applicable to the operation of hog, poultry, or dairy farms or other confined animal operations using liquid animal waste management systems.

8 CAR § 24-104. Policy for compliance. (a) It shall be the policy of the Division of Environmental Quality to provide a reasonable time for holders of existing permits to comply with new or revised provisions of this part. (b) Holders of existing permits shall achieve compliance …

8 CAR § 24-105. Exemption. Any confined animal operation using a liquid waste disposal system shall be exempt from the requirements of this part if the owner or operator obtains and maintains active coverage under either a National Pollutant Discharge Elimination System individua…

8 CAR § 24-106. Definitions. The following definitions shall apply: (1) “Act” means the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq.; (2) “Animal feeding operation (AFO)” means a lot or facility (other than an aquatic animal production facility) w…

8 CAR § 24-201. Requirements for a permit. No confined animal operation using a liquid animal waste disposal system shall be constructed or operated unless the owner has first obtained a permit from the Division of Environmental Quality.

8 CAR § 24-202. Permit application process. (a)(1) Application and permitting procedures for new or major modifications as described in 8 CAR § 24-205 shall comply with 8 CAR pt. 11, Administrative Procedures. (2) The Division of Environmental Quality shall provide a copy of the …

8 CAR § 24-203. Prohibition. The operator of a confined animal operation constructed and operated as authorized by permit in accordance with the provisions of this part shall not allow or cause a point source discharge from any part of the liquid animal waste management system.…

8 CAR § 24-204. [Reserved].

8 CAR § 24-205. Permit modification. (a)(1) When the Director of the Division of Environmental Quality receives any information, for example, receives information submitted by the permittee as required in the permit or by the Division of Environmental Quality, he or she may deter…

8 CAR § 24-206. Minor modifications of permits. (a)(1) Upon receipt of written consent by the permittee, the Director of the Division of Environmental Quality may modify a permit to make the changes listed in this section. (2) Such changes will be deemed minor modifications to th…

8 CAR § 24-301. Approval of design. No liquid animal waste management system shall be constructed, modified, or placed into operation unless in accordance with final design plans and specifications approved by the Division of Environmental Quality.

8 CAR § 24-302. Design requirements. Designs and waste management plans shall be in accordance with this subpart and the following United States Department of Agriculture Natural Resource Conservation Service technical publications: (1) Field Office Technical Guide, as amended; a…

8 CAR § 24-303. Siting requirements. (a)(1) Confinement buildings, settling basins, holding ponds, and other liquid animal waste containment structures shall not be constructed within one thousand three hundred twenty feet (1,320’) of the nearest existing occupied dwelling for co…

8 CAR § 24-304. Subsurface investigation requirements. (a) The subsurface investigation for earthen holding ponds and treatment lagoons suitability and liner requirements may consist of auger holes, dozer pits, or backhoe pits that should extend to at least two feet (2’) below th…

8 CAR § 24-305. Waste management plan. (a) The waste management plan shall be developed in accordance with 8 CAR § 24-302 and shall address the timing of land application of wastes with respect to the nutrient uptake cycle of the vegetation found on the land application site or s…

8 CAR § 24-306. Land application requirements. (a) Waste/wastewater shall be evenly distributed over application sites at the rates specified in site management plans. (b) Land application of waste/wastewater shall not be undertaken when soil is saturated, frozen, covered with ic…

8 CAR § 24-307. Recordkeeping requirements. (a)(1) Records shall be kept of all waste/wastewater applied. (2) These records shall be kept in sufficient detail to determine the application rate. (3)(A) A daily log shall be kept of all land applied waste/wastewater when applying. (…

8 CAR § 24-401. Facility construction certification. (a) The provisions of this part require all confined animal operations to be constructed in accordance with plans and specifications approved by the Division of Environmental Quality. (b)(1) Following completion of construction…

8 CAR § 24-501. Permit for land application site only. (a) A separate permit may be issued for a land application site if the operator submits an application which includes a site management plan for the land application site and a plan detailing: (1) Nutrient application rates; …

8 CAR § 24-502. Composting. (a) Waste management plans submitted in accordance with this part may include composting as an alternative to land application of liquid waste. (b)(1) Any such plans may provide for composting at a permitted composting facility per 8 CAR pt. 60, Solid …

8 CAR § 24-601. Closure plan required. (a) Should a permitted confined animal operation using a liquid waste management system cease operation, the permittee shall submit to the Division of Environmental Quality a closure plan for the liquid waste system storage/treatment structu…

Part 10, Civil Penalties, and Part 11, Administrative Procedures, of Title 8 of the Code of Arkansas Rules apply to this part.

8 CAR § 24-702. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect with the invalid provision or application…

8 CAR § 24-801. Buffalo National River Watershed. (a) The following definitions apply to this section: (1) “Buffalo National River Watershed” means the area within United States Geologic Service Hydrologic Unit Code 11010005; and (2) “Coverage” means a notice of coverage issued p…

8 CAR § 24-901. 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 § 25-101. Adoption. Pursuant to the provisions of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., the Arkansas Pollution Control and Ecology Commission hereby promulgates this part to implement state administration of the National Pollutan…

8 CAR § 25-102. Purpose. (a) The purpose of this part is to adopt rules necessary to qualify the State of Arkansas to receive authorization to implement the state water pollution control permitting program, in lieu of the federal NPDES program, pursuant to the federal Clean Water…

8 CAR § 25-103. Definitions. (a) The definitions set forth in 40 C.F.R. §§ 122.2 and 124.2 are all adopted herein by reference in 8 CAR § 25-104. (b) In addition, the following definitions also apply to this part: (1) “Animal feeding operation” or “AFO” means a lot or facility (o…

8 CAR § 25-104. Incorporation of federal regulations. (a)(1) The following regulations promulgated by the United States Environmental Protection Agency are hereby adopted as provisions of this part as though set forth herein line for line and word for word of the most current ver…

8 CAR § 25-105. Confidentiality. In addition to the provisions of 40 C.F.R. § 122.7(b) and (c), which are adopted by reference in 8 CAR § 25-104, the following provisions apply: (1)(A) Any information submitted to the Division of Environmental Quality may be claimed as confidenti…

8 CAR § 25-106. Violations. Violation of any of the following prohibitions shall be considered a violation of this part and shall be subject to the penalties provided in the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., specifically Arkansas Code …

8 CAR § 25-201. Status and continuation of permits. Conditions of an NPDES permit issued by the Division of Environmental Quality will continue in effect past the expiration date pending issuance of a new permit, if: (1) The permittee has submitted a timely and complete applicati…

8 CAR § 25-202. Application requirements for construction and operation of wastewater facilities. (a)(1) Any person who desires to construct, operate, or modify any disposal system that will discharge to the waters of the state, or to discharge any sewage, industrial waste, or ot…