Arkansas Administrative Code

8 CAR § 64-803. Amount of commercial generator fee. The commercial generator fee shall be imposed at the rate of three dollars ($3.00) for each new tire that is sold or delivered to an end user that removes a used tire from the rim and replaces it with a new tire.

8 CAR § 64-804. Exclusions and exemptions. (a) The commercial generator fees imposed by this subpart do not apply to the sale of any of the following: (1) A solid wheel rim with an integral rubber covering; (2) A tire used on a: (A) Nonmotorized bicycle; (B) Golf cart; or (C) Law…

8 CAR § 64-805. Commercial generator duties. (a) Each commercial generator shall: (1) Be registered with the Department of Finance and Administration as a commercial generator; (2) Collect the fees from the end user even if the end user elects to keep the used tire removed from t…

8 CAR § 64-806. Fee remittance procedure. (a)(1) The commercial generator fees shall be collected from the end user by the commercial generator who sells the tires to the end user and bills the end user for the tires, fees, and any other applicable taxes related to the sale and r…

8 CAR § 64-807. Fee imposed after sales tax computed. The commercial generator fees imposed by this subpart shall be added to the total cost charged by the commercial generator to the end user after all applicable gross receipts and compensating use taxes on the tires have been c…

8 CAR § 64-808. No additional charge to end user. The commercial generator shall accept at no additional cost to the end user other than those fees collected under this part any or all used tires for which an end user paid the commercial generator fee.

8 CAR § 64-809. Revenues deposited. (a) The Department of Finance and Administration shall deposit the proceeds from commercial generator fees collected under Arkansas Code § 8-9-404 into the State Treasury as special revenues to the credit of the following funds in the following…

8 CAR § 64-810. Administration of fund. The Used Tire Recycling Fund shall be administered by the Division of Environmental Quality for reimbursements and grants to used tire programs and administrative expenditures as authorized by law and rule.

8 CAR § 64-901. Registration. When a person who imports used tires registers with the Department of Finance and Administration as a collector of the import fee as required under this subpart, the registration will include a procedure for registering with the Division of Environme…

8 CAR § 64-902. Import fees imposed. (a) Beginning on January 1, 2018, and pursuant to Arkansas Code § 8-9-404, import fees are imposed on all used tires imported into Arkansas. (b) As used in this subpart, “proceeds from import fees” means all moneys collected and received by th…

8 CAR § 64-903. Amount of import fee. Beginning on January 1, 2018, the import fee shall be imposed at a rate of one dollar ($1.00) for each used tire that is imported into Arkansas.

8 CAR § 64-904. Exclusions and exemptions. The import fees imposed by this subpart do not apply to any of the following: (1) A solid wheel rim with an integral rubber covering; (2) A tire used on a: (A) Nonmotorized bicycle; (B) Golf cart; or (C) Lawn mower; (3) Large retreaded t…

8 CAR § 64-905. Duties of person who imports used tires. Each person who imports used tires shall: (1) Be registered with the Department of Finance and Administration as a person who imports used tires into Arkansas; (2) Pay on a monthly basis to the department the import fees fo…

8 CAR § 64-906. Fee remittance procedure. (a) The import fee imposed under this subpart shall be: (1) Paid by the person who imports the used tire into Arkansas to the Department of Finance and Administration in accordance with the Arkansas Tax Procedure Act, Arkansas Code § 26-1…

8 CAR § 64-907. Revenues deposited. (a) The Department of Finance and Administration shall deposit the proceeds from import fees collected under Arkansas Code § 8-9-404 into the State Treasury as special revenues to the credit of the following funds in the following percentages: …

8 CAR § 64-908. Administration of the fund. The Used Tire Recycling Fund shall be administered by the Division of Environmental Quality for reimbursements and grants to used tire programs and administrative expenditures as authorized by law and rule.

8 CAR § 80-1001. 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 § 80-1002. 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 § 80-101. Purpose and title. The purpose of the Arkansas Pollution Control and Ecology Commission’s Storage Tank Rules, 8 CAR pt. 80, is to regulate underground storage tank systems and certain aboveground storage tank systems to protect the public health and the lands and …

8 CAR § 80-102. Authority. This part is promulgated under the authority of Arkansas Code § 8-7-801 et seq., and the Petroleum Storage Tank Trust Fund Act, Arkansas Code § 8-7-901 et seq.

8 CAR § 80-103. Definitions. (a) Except for the definitions of “owner”, “person”, and “release” found at 40 C.F.R. § 280.12, the definitions set forth in 40 C.F.R. §§ 280.12 and 280.92 are all adopted by reference herein. (b) As used in this part, unless the context otherwise req…

8 CAR § 80-104. Incorporation of federal regulations. (a) The following regulations promulgated on or before August 24, 2018 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 wo…

8 CAR § 80-105. Records. (a) In addition to any other records required to be maintained under the Regulated Substance Storage Tank Program, the Petroleum Storage Tank Trust Fund Act, Arkansas Code § 8-7-901 et seq., or this part, all owners or operators shall maintain and submit …

8 CAR § 80-106. Entry and inspection of underground storage tank facilities. Any owner or operator of an underground storage tank system shall, upon request of a duly authorized representative of the Division of Environmental Quality, permit the representative to enter the proper…

8 CAR § 80-107. Entry and inspection of aboveground storage tank facilities. The Division of Environmental Quality shall have the authority to enter upon the property of any owner or operator of an aboveground storage tank to obtain information, conduct surveys, or review records…

8 CAR § 80-108. Notice requirements. (a) The Division of Environmental Quality must be given timely notice of any release as required by 40 C.F.R. pt. 280, subpt. E. (b)(1) The requirement for giving timely notice of a release from an aboveground storage tank system shall be the …

8 CAR § 80-109. Secondary containment. (a)(1) Each new underground storage tank or piping connected to any new underground storage tank1 shall be secondarily contained and monitored for leaks. (2) In the case of a new underground storage tank system consisting of one (1) or more …

8 CAR § 80-110. Delivery prohibition. (a) It shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the Division of Environmental Quality as ineligible for fuel delivery or deposit.…

8 CAR § 80-201. Registration requirement. (a) As provided by state and federal law and except as otherwise provided in this section, all owners and operators of storage tanks must register their tanks in accordance with this part. (b)(1) An owner or operator shall not receive any…

8 CAR § 80-202. Certificate of registration. (a) Proper proof of registration shall be in the form of a certificate of registration. (b) Each year, the Division of Environmental Quality shall issue or renew a certificate of registration for each storage tank facility meeting the …

8 CAR § 80-203. Storage tank registration fees. (a)(1) An annual registration fee for each storage tank shall be paid by the tank owner or operator to the Division of Environmental Quality for each year or portion of a year that the tank is in use. (2) A storage tank shall be dee…

8 CAR § 80-301. Purpose. (a) In accordance with the Petroleum Storage Tank Trust Fund Act, Arkansas Code § 8-7-901 et seq., eligible owners or operators may obtain partial reimbursement for costs of corrective action taken in response to accidental releases from qualified petrole…

8 CAR § 80-302. Trust fund eligibility. (a)(1)(A) Every owner or operator of an underground petroleum storage tank system is required by 40 C.F.R. § 280.93 to demonstrate financial responsibility for taking corrective action in response to an accidental release from an undergroun…

8 CAR § 80-303. Trust fund coverage for a release. (a) For an owner or operator to obtain any coverage by the Petroleum Storage Tank Trust Fund for corrective action necessary to address an accidental release, all of the following requirements must be met: (1) At the time of the …

8 CAR § 80-304. Trust fund coverage for unknown petroleum storage tanks. (a) Unknown petroleum storage tanks that have satisfied the requirements of 8 CAR § 80-303 shall be eligible for reimbursement for corrective action as provided by this section if: (1) The unknown petroleum …

8 CAR § 80-305. Notice requirements. (a) The Division of Environmental Quality must be given timely notice of any release as required by 40 C.F.R. pt. 280, subpt. E. (b)(1) The requirement for giving timely notice of a release from an aboveground storage tank system shall be the …

8 CAR § 80-306. Amount of reimbursement. (a) The Petroleum Storage Tank Trust Fund will provide reimbursement to eligible owners or operators of storage tanks for corrective action costs required to address accidental releases in an amount not to exceed one million nine hundred n…

8 CAR § 80-307. Deductible. (a) The first seven thousand five hundred dollars ($7,500) of corrective action costs incurred by the owner or operator shall be considered a deductible and is not eligible for reimbursement from the Petroleum Storage Tank Trust Fund. (b)(1) A reimburs…

8 CAR § 80-308. Applying for reimbursement of corrective action costs. (a) To apply for reimbursement of corrective action costs, an owner or operator must meet the requirements for coverage set forth in 8 CAR § 80-303 and meet the requirements of this subpart for reimbursement a…

8 CAR § 80-309. Interim payments. (a)(1) The Director of the Division of Environmental Quality may provide for interim payments, provided the investigation or corrective action is being conducted in accordance with an approved work plan or corrective action plan. (2) Payment will…

8 CAR § 80-310. Reimbursement application review. (a)(1) Before commencing a substantive review of an application for reimbursement of corrective action costs, the Division of Environmental Quality shall determine whether the release meets the requirements of 8 CAR § 80-303 for P…

8 CAR § 80-311. Reasonable costs. (a) “Reasonable costs” means costs or a range of costs commensurate with the level of corrective action necessary to assess or remediate (or both) the petroleum storage tank system release based on an evaluation of typical costs expected for the …

8 CAR § 80-312. Allowable costs. (a) Only those costs that are allowable costs under this subpart shall be reimbursable. (b)(1)(A) Allowable costs are those costs that are approved by the Division of Environmental Quality and arise directly from the performance of corrective acti…

8 CAR § 80-313. Necessary costs. Only costs that are necessary, as determined by the Division of Environmental Quality, for conducting approved corrective action shall be reimbursable under this subpart.

8 CAR § 80-314. Records. (a) Any owner or operator participating in the Petroleum Storage Tank Trust Fund shall maintain the following records and submit them or make them available to the Division of Environmental Quality upon request: (1) Evidence of current financial responsib…

8 CAR § 80-315. Audits. (a) The Director of the Division of Environmental Quality may cause audits to be performed as necessary to ensure that costs, for which reimbursement is sought or has been paid, were in fact incurred and necessary, that the work was in fact performed and n…

8 CAR § 80-316. Cost recovery. (a) The Division of Environmental Quality may initiate proceedings against any owner or operator of a petroleum storage tank system for recovery of moneys that were solicited and received from the Petroleum Storage Tank Trust Fund, regardless of whe…