Arkansas Administrative Code

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…

8 CAR § 80-317. Trust fund availability. (a)(1) All claims for reimbursement submitted under this subpart are subject to the availability of moneys in the Petroleum Storage Tank Trust Fund. (2) Nothing in this part shall be construed to create a permanent entitlement to moneys in…

8 CAR § 80-318. Obligation to comply. (a) Eligibility of an owner or operator for the Petroleum Storage Tank Trust Fund shall not preclude the Division of Environmental Quality from taking any appropriate enforcement action. (b) This subpart shall not affect the liability or resp…

8 CAR § 80-319. Reimbursement of equipment costs. (a) An owner or operator or a consultant may be eligible for reimbursement for the purchase of equipment needed to undertake corrective action. (b) An eligible cost incurred by a consultant on behalf of an owner or operator for th…

8 CAR § 80-320. Transfer of trust fund eligibility. (a) An owner or operator determined to be eligible for reimbursement of corrective action for a release from a qualified storage tank may transfer the eligibility to a subsequent owner or operator of the qualified storage tank i…

8 CAR § 80-321. Reimbursement to lender or secured creditor. (a) A lender or secured creditor that holds ownership in a storage tank primarily to protect a security interest on the storage tank or the facility where it is located, or both, is eligible for reimbursement for correc…

8 CAR § 80-401. Purpose. (a) In accordance with the Petroleum Storage Tank Trust Fund Act, Arkansas Code § 8-7-901 et seq., eligible owners, operators, or third parties may obtain partial payment for valid compensatory damage claims caused by accidental releases from qualified pe…

8 CAR § 80-402. Trust fund eligibility. (a)(1) 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 compensating third parties for bodily injury and property damage caused by accident…

8 CAR § 80-403. Trust fund coverage for a release. (a) For an owner or operator to obtain third-party coverage by the Petroleum Storage Tank Trust Fund for a release, the following requirements must be met: (1) At the time of the discovery of the release, the owner or operator mu…

8 CAR § 80-404. Trust fund coverage for unknown petroleum storage tanks. (a) Unknown petroleum storage tanks that have satisfied the requirements of 8 CAR § 80-408(c) shall be eligible for reimbursement for third-party claims as provided by this section if: (1) The unknown petrol…

8 CAR § 80-405. Notice requirements. (a)(1) The owner or operator shall give written notice to the Division of Environmental Quality of any potential third-party claim within thirty (30) days of his or her knowledge of the potential claim. (2) The notice required by subdivision (…

8 CAR § 80-406. Amount of payment. (a) The Petroleum Storage Tank Trust Fund will reimburse eligible owners or operators of storage tanks for compensating third parties, or will provide payment to third parties for compensatory damages caused by accidental releases in an amount n…

8 CAR § 80-407. Deductible. (a) The first seven thousand five hundred dollars ($7,500) of costs incurred by the owner or operator for third-party compensatory damage claims for an occurrence shall be considered a deductible and is not eligible for reimbursement from the Petroleum…

8 CAR § 80-408. Applying for payment of third-party claims. (a) To apply for payment of a third-party claim, an owner or operator must meet the requirements for coverage set forth in 8 CAR § 80-403 and meet the application requirements of either: (1) Subsection (c) of this sectio…

8 CAR § 80-409. Third-party claim review. (a)(1) Before commencing a substantive review of a third-party claim, the Division of Environmental Quality shall determine whether the release meets the requirements of 8 CAR § 80-403 for third-party coverage by the Petroleum Storage Tan…

8 CAR § 80-410. Reasonable claims. (a) Third-party claims that have been reduced to judgment and for which payment is requested under 8 CAR § 80-408(c) shall be presumed reasonable under this subpart. (b) All settled third-party claims for which payment is requested under 8 CAR §…

8 CAR § 80-411. Allowable claims. (a) Only claims for compensatory damages, as the term is defined by this part, caused by an accidental release from a qualified storage tank are considered allowable under this subpart. (b) A payment shall not be made under this subpart for any i…

8 CAR § 80-412. 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 § 80-413. Audits. (a) The Director of the Division of Environmental Quality may cause audits to be performed as necessary to ensure that claims, for which payment is sought or has been made, were in fact reasonable and allowable. (b) The audits may be performed by the Divis…

8 CAR § 80-414. Cost recovery. (a) The Division of Environmental Quality may initiate proceedings against any owner or operator of a petroleum storage tank system or third-party claimant for recovery of moneys that were solicited and received from the Petroleum Storage Tank Trust…

8 CAR § 80-415. Trust fund availability. (a)(1) All claims for payment submitted under this subpart are subject to the availability of moneys in the Petroleum Storage Tank Trust Fund. (2) Nothing in this part shall be construed to create a permanent entitlement to moneys in the t…

8 CAR § 80-416. Obligation to comply. (a) Eligibility of an owner or operator for the Petroleum Storage Tank Trust Fund shall not preclude the Division of Environmental Quality’s taking any appropriate enforcement action. (b) Nothing in this subpart shall affect the liability or …

8 CAR § 80-417. Transfer of trust fund eligibility. (a) An owner or operator determined to be eligible for payment of third-party claims for a release may transfer the eligibility to a subsequent owner or operator if the Division of Environmental Quality determines that the subse…

8 CAR § 80-501. Purpose. The purpose of this subpart is to provide for the regulation of persons installing, repairing, upgrading, and closing underground storage tank systems that contain regulated substances to assure that the systems are installed, repaired, upgraded, and clos…

8 CAR § 80-502. Definitions. The following definitions, in addition to the definitions in Subpart 1 of this part, apply to this subpart: (1) “Closing” or “closure” means the process of removing and disposing of or closing in place an underground storage tank system; (2) “Contract…

8 CAR § 80-503. Applicability. (a) This subpart applies to all persons who install, repair, upgrade, or close underground storage tank systems in Arkansas, including officers or employees of owners or operators, except as provided in subsections (b) and (c) of this section. (b) T…

8 CAR § 80-504. General requirements. (a)(1) A person shall not install, repair, upgrade, or close underground storage tank systems in Arkansas unless the person is, or employs, an individual who is licensed by the Division of Environmental Quality to perform the work. (2) A pers…

8 CAR § 80-505. Surety requirement. (a) A person shall not install, repair, close, or upgrade any underground storage tank system unless that person or the contractor by whom he or she is employed has purchased a surety bond, letter of credit, or cash bond in the amount of at lea…

8 CAR § 80-506. Notification requirement. (a) For any installation or upgrade, the individual or contractor shall notify the Division of Environmental Quality at least one (1) week prior to the beginning of the second critical juncture as described in 8 CAR § 80-502(3)(A)(ii) and…

8 CAR § 80-507. Contractor licensing. (a) An applicant for a contractor’s license must meet all of the following requirements to be licensed by the Division of Environmental Quality: (1) The applicant must file an application with the division on a form furnished by the division,…

8 CAR § 80-508. Individual licensing. (a) An applicant for an individual license must meet all of the following requirements to receive a license from the Division of Environmental Quality: (1) The applicant must file an application with the division on a form furnished by the di…