Arkansas Administrative Code

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 § 24-205. 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…

8 CAR § 25-203. Permitting requirements for stormwater discharges associated with a small construction site. An owner or operator of a small construction site shall be deemed to have a permit by rule for the purposes of the federal Clean Water Act, 33 U.S.C. § 1251 et seq., and t…

8 CAR § 25-204. Pretreatment requirements for industrial users of publicly owned treatment works (POTWs). (a)(1) An industrial user may not introduce into a POTW any pollutants that will pass through the treatment system, cause interference with the operation, or inhibit or disru…

8 CAR § 25-205. Trust fund permitting requirements. The Division of Environmental Quality shall not issue, modify, renew, or transfer an NPDES permit for a nonmunicipal domestic sewage treatment works without the permit applicant first complying with Arkansas Code § 8-4-203(b).…

8 CAR § 25-206. Permitting requirements for discharges of pesticides. An owner or operator of a pesticide application site shall be deemed to have a permit by rule for the purposes of the federal Clean Water Act, 33 U.S.C. § 1251 et seq., and the Arkansas Water and Air Pollution …

8 CAR § 25-207. Public notice requirements for concentrated animal feeding operation (CAFO) general permits. Public notification requirements for any NPDES permit application for a proposed CAFO in Arkansas are as follows: (1) The applicant shall provide written notice by letter,…

8 CAR § 25-301. Effluent discharges to losing stream segments. (a) In addition to all applicable effluent standards and conditions required by state and federal laws, rules, and regulations, wastewater discharged to losing stream segments shall comply with subsections (b) through…

8 CAR § 25-401. Determination of domestic wastewater effluent limitations. (a) Small discharges (less than or equal to five hundredths (0.05) MGD): (1) The most stringent effluent limitations for oxygen demanding flows from small dischargers will be ten/fifteen milligrams per lit…

8 CAR § 25-402. Discharge of treated wastewater to the Ouachita River. (a) No permit for the discharge of treated wastewater into the Ouachita River commencing at or downstream of the H.K. Thatcher Lock and Dam in segment 2D of the Ouachita River Watershed shall authorize a total…

8 CAR § 25-601. Lake Maumelle Watershed. All surface discharges of wastewater in the Lake Maumelle Watershed are prohibited with the exception of discharges permitted under the NPDES stormwater discharge program.

8 CAR § 25-602. Buffalo National River Watershed. (a) “Buffalo National River Watershed” means the area within United States Geologic Service Hydrologic Unit Code 11010005. (b) The Director of the Division of Environmental Quality shall not issue a permit pursuant to this part fo…

8 CAR § 25-701. Penalty policy and administrative procedures. Part 10, Civil Penalties, and Part 11, Administrative Procedures, of Title 8 of the Code of Arkansas Rules apply to this part.

8 CAR § 25-702. 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 § 25-703. 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.